- (1.) Appellant, an employer, is aggrieved by judgment dated March 25, 1996 of the Division Bench of the Rajasthan High Court affirming in appeal the judgment dated December 15, 1992 of the learned single Judge. By this judgment the learned single Judge negatived the challenge of the appellant to the validity of the notification issued by the State Government under Section 10(1)(d)11 read with Section 12(5)22 of the Industrial Disputes Act, 1947 (for short, the 'Act') to adjudicate the disputes between the appellant and the National Engineering Industries Workers' Union (for short, the Workers' Union) in respect of the demands raised by the Workers' Union. This notification is as under : 1. 10. Reference of disputes to Boards, courts or Tribunals.-(1) Where the appropriate Government is of opinion that any industrial dispute exists or is apprehended, it may at any time, by order in writing,- (a) to (c).......................... (d) refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, whether it relates to any matter specified in the Second Schedule or the Third Schedule, to a Tribunal for adjudication: Provided that where the disputes relates to any matter specified in the Third Schedule and is not likely to affect more than one hundred workmen, the appropriate Government may, if it so thinks fit, make the reference to a Labour Court under clause (c): Provided further........................ Provided also............................" 2.12. Duties of conciliation officers - (1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under Section 22 has been given, shall hold conciliation proceedings in the prescribed manner. (2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute. (3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliation officer shall sent a report thereof to the appropriate Government or an officer authorised in this behalf by the appropriate Government together with a memorandum of the settlement signed by the parties of the dispute. (4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for assertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at. (5) If, on a consideration of the report referred to in sub-section (4), the the appropriate Government is satisfied that there is a case for reference to a Board, Labour Court, Tribunal or National Tribunal, it may maker such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons thereof. (6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such a shorter period as may be fixed by the appropriate Government: Provided that, subject to the approval of the conciliation officer, the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute. "Government of Rajasthan Department of Labour No. P1(1)(14171)/LandE/86 Jaipur dated 17 March, 1989 Notification Whereas an industrial dispute3 as described below has arisen between the Management of National Engineering Industries Ltd., Jaipur and President, National Engineering Industries Workers' Union, B-4, M.L.A. Quarters, Jaipur. 3."2(k)"industrial dispute" means any dispute or difference between employers and employers, or between employers and workmen, or between workmen and workmen, which is connected with the employment or non-employment or the terms of employment or with the conditions of labour, or any person; Whereas the Conciliation Officer, Jaipur has reported that no settlement was arrived at : Whereas the State Government after considering the report of the above Conciliation Officer satisfied that the matter is fit to be referred to the Industrial Tribunal. Therefore, now the State Government under powers conferred on it under Section 10, sub-section (1), clause (d) read with Section 12, sub-section (3) of the Industrial Disputes Act, 1947 (Act 14 of the year 1947) hereby refers the above dispute for adjudication to Industrial Tribunal, Rajasthan, Jaipur duly constituted by the State Government under the Industrial Disputes Act, 1947 (Act 14 of the year 1947). DISPUTE In the 24 point charter of demands made by the President, National Engineering Industries Workers' Union, B-4, M.L.A. Quarters before the Management of National Engineering Industries Ltd., Jaipur (Charter of demands annexed) is fair and proper. If not to what the workmen are entitled Annexed : Charter of demands By Order of the Governor (R. P. Tiwari) Special Secretary to the Government"
(2.) It would be appropriate at this stage to know the background under which the reference came to be made.
(3.) Appellant is a company registered under the Companies Act with its registered office at Calcutta. One of its factories is located at Khatipura Road, Jaipur in the State of Rajasthan. There are three unions with which we are concerned and these are : (1) National Engineering Industries Labour Union (for short, the 'Labour Union'); (2) National Engineering Industries Staff Union (for short, the 'Staff Union'); and (3) the Workers' Union referred to above. It is stated that Labour Union has majority of the workers on its roll; is recognised, and is the representative union and registered as such under the provisions of the Act as amended by the Rajasthan Industrial Disputes Amendment Act, 1958. In 1983 all the three unions made their charter of demands. A tripartite settlement 4 arrived at between the management, Labour Union and the Staff Union. In respect of demands made by the Workers' Union failure report was submitted. Workers' Union made representation to the State Government for referring their disputes for adjudication. This request was, however, declined by the State Government in view of the tripartite settlement already reached between the representative union, the Staff Union and the management. The settlement was to remain valid and operative till September, 1986. All the three unions made fresh charter of demands in 1986 which were identical in almost all respects. Conciliation proceedings were initiated and though failure report was submitted by the Conciliation Officer in respect of the proceedings regarding the Workers' Union, conciliation settlement was arrived at with the Labour Union and the Staff Union. It was a conciliation settlement and was to be in operation for a period of three years ending September 30, 1989. It is not disuted that all the employees of the appellant including the members of the Workers' Union accepted the benefits under this tripartite settlement. 4.2(p) "settlement" means a settlement arrived at in the course of conciliation proceeding and includes a written agreement between the employer and workmen arrived at otherwise than in the course of conciliation proceedings where such agreement has been signed by the parties thereto in such a manner as may be prescribed and a copy thereof has been sent to an officer authorised in this behalf by the appropriate Government and the conciliation officer.;