ROHTAS INDUSTRIES LTD Vs. GHANSHYAM DAS PREMI

JUDGEMENT

(1.) Whether an individual workman can question a settlement Award, the industrial dispute having been espoused by a recognized union and the reference made before the Industrial Tribunal is between the Management and the Union, is the substantial question of law that falls for decision in in this Letters Patent Appeal.

(2.) FACTS.-It appears that an industrial dispute was raised by the Rohtas Karamchari Sangh with their management M/s Rohtas Industries Limited/ Asboka Cement Limited and the State Government on 18th November, 1972 in exercise of power conferred under Section 10,(1 )(D) of the Industrial Disputes Act (hereinafter to be referred to as the Act), referred twenty-three items of industrial dispute for adjudication by the Industrial Tribunal, Government of Bihar. The parties to the reference are the Management of the Rohtas Industries Limited and their workmen represented by Rohtas Karamchari Sangh. Both the Management and the Union filed written statements. Most of the items of dispute were disposed of by several part Awards and items No. 1, 5, 6, 7, 14 and 20 were disposed of by the Award Part VI on 8th April, 1980 pursuant to a memorandum of settlement arrived at between the Management and the Union duly signed by the President and the General Secretary of the Union and the Executive President and the General Manager of the Management.

(3.) The Tribunal, by its order, dated 8-4-1980, held the terms of settlement fair and reasonable and ordered an Award to be prepared .on the basis of the terms of the memorandum of settlement which form part of the Award as Appen- dix-I. Subsequent to the said Award two workmen filed a petition for review of the order dated 8-4-1980 with respect to Item No. 1 and 5 since the said two items concerned the justification of their removal, but the Tribunal, by its order dated 7-5-1980 (Annexure-14 to the writ petition) rejected the said petition on the ground that the dispute being a collective one and not under Section 2-A of the Act, the petition by the two workmen is not maintainable.