HINDUSTAN FASTENERS PVT LTD Vs. NASHIK WORKERS UNION
LAWS(SC)-2006-10-67
SUPREME COURT OF INDIA (FROM: BOMBAY)
Decided on October 19,2006

HINDUSTAN FASTENERS PVT. LTD. Appellant
VERSUS
NASHIK WORKERS UNION Respondents


Cited Judgements :-

KAIRA CAN COMPANY LTD VS. STATE OF GUJARAT [LAWS(GJH)-2009-10-164] [REFERRED TO]
MANOHAR PAMANDAS JANI VS. MADHUKAR TRIMBAK WAYCHAL [LAWS(BOM)-2016-10-103] [REFERRED TO]
REGIONAL PROVIDENT FUND COMMISSIONER VS. UNITED INDIA PERIODICALS P LTD [LAWS(DLH)-2014-3-233] [REFERRED TO]


JUDGEMENT

S.B. Sinha, J. - (1.)Leave granted.
(2.)Interpretation of a settlement arrived at by and between the parties hereto falls for consideration in this appeal which arises out of a judgment and order dated 8.12.2000 passed by the High Court of Judicature at Bombay in First Appeal No. 521 of 1992.
(3.)Appellant herein is engaged in engineering activities. Respondent No. 1 is a trade union registered under the Trade Unions Act. Appellant was a sick unit as envisaged under the Sick Industrial Company (Special Provision) Act, 1985. A settlement was arrived at on 11.5.1990 by and between the parties hereto in regard to the demands raised on behalf of the workmen. The period covered by the settlement was 1.01.1989 to 30.12.1992. The workmen thereafter went on strike. Several demands were also raised. A second settlement was arrived on 24.5.1993. In the preamble of the said settlement, it was stated:
...The company has enforced lockout of its employees on and from 14.1.93 for the reasons mentioned in the companys lock out notice dated 28.12.90 and the said lockout is still continuing. In view of the long duration of the lockout and protracted court proceedings in the Industrial Court, Nashik and elsewhere the parties to the settlement felt a need to find out long term solution to the problems faced by them. The parties also sought the assistance of the Deputy Commissioner of Labour, Nashik and in view of the discussions between the parties the acceptable solution have been found by them and they have settled the entire disputes between them over the clauses of the lock-out i.e. still continuing and the Charter of Demands of the Union served on behalf of the Workmen ...



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