ATLAS CYCLE INDUSTRIES LTD Vs. INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) THIS order will dispose of three writ petitions (Civil Writs Nos. 2858, 2859 and 2860 of 1970), and Letters Patent Appeal No. 84 of 1971. The point involved in all these matters is the same, namely, whether during the currency of a settlement, under Section 12 (3) of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act), which is annexure 'a' in Civil Writ No. 2858 of 1970, the facts of which alone will be given in detail, the question whether the dismissal of a workman was proper or otherwise, can be referred to the Industrial Tribunal at the instance of the workman without first exhausting the remedies provided under the settlement.

(2.) IN Civil Writ No. 2858 of 1970, Ram Sarup, workman, was charge-sheeted on 11th January, 1969, and on 3rd April, 1969, he was, dismissed, after an enquiry. The matter was taken by him to the conciliation officer before whom, it is a common case between the parties, an objection was raised by the Atlas Cycle Industries Limited, Sonepat (hereinafter referred to as the management), that there was a settlement under Section 12 (3) of the Act in force between the management and 'the workmen through the conciliation officer and demand No. 16 of the aforesaid settlement provided for a mode of settlement that has to be tried in the first instance, whenever there is a dispute between a workman and the management, before the matter can be taken to conciliation or reference. In any case, the conciliation officer, having failed to bring about a conciliation between the parties, sent a report to the State Government and on 22nd January, 1970, vide Annexure 'b', reference was made to the Industrial Tribunal to adjudicate upon the question, whether the dismissal was justified.

(3.) IN the written statement before the Industrial Tribunal, the same objection was taken that the remedies provided under demand No. 16 of the settlement had not been exhausted. One of the preliminary objections raised was as follows: