ASHOK KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioners are seeking a writ in the nature of mandamus directing the respondents to comply with the settlement dated 08.07.2013 (Annexure P -1) made under Section 12(3) of the Industrial Disputes Act, 1947 (in short 'the Act') arrived at with respondent no. 4, the management.

(2.) IT has been submitted that a settlement was arrived at on 08.07.2013 in the presence of the Additional Labour Commissioner whereas the Management was to make full and final settlement of all dues of permanent employees including gratuity and compensation for past services. 50% of the amount was to be paid before 03.10.2013 and balance amount was to be paid after 03.10.2013 but before 03.12.2013. It is averred that a complaint has been filed for non -implementation of the settlement on 19.12.2013 before respondent no. 3 regarding the said fact. Counsel for the petitioners has submitted that under Section 18(3) of the Act, a settlement which has been arrived at in the course of conciliation proceedings and which has become enforceable, shall be binding upon all the parties and, therefore, this Court would have jurisdiction.

(3.) HOWEVER , this Court is not impressed with the said argument. There is an alternate and efficacious remedy available with the petitioners to approach the Labour Court under Section 33C(2) of the Act wherein, it has been specifically provided that any workman who is entitled to receive from the employer any money or any benefit which is capable of being computed in terms of money due can approach the said Labour Court.