SHAMSUDDIN Vs. UNITEC LIMITED

JUDGEMENT

(1.) The petitioner is aggrieved by order dated 27.2.2006, Annexure P-5 passed by the Labour Court rejecting the complaint under Section 33-A of the Industrial Disputes Act, 1947 (for short, 'the Act') holding that since proceedings under reference had been terminated prior to alleged violation, there was no violation of service conditions during the pendency of the reference.

(2.) Case of the petitioner is that while working as a Driver with the management of respondent no. 1, when his services were terminated on 28.2.2002, he raised an industrial dispute which was referred for adjudication. During the pendency of the industrial dispute, a settlement was arrived at but the said settlement was violated by the management.

(3.) The petitioner filed a complaint under Section 33-A of the Act which was dismissed by the Labour Court holding that since the proceedings had been terminated prior to settlement itself, the application was not maintainable.