DELHI CLOTH Vs. UNION OF INDIA
LAWS(DLH)-1983-8-18
HIGH COURT OF DELHI
Decided on August 02,1983

DELHI CLOTH AND GENERAL MILLS COMPANY LIMITED Appellant
VERSUS
UNION OF INDIA Respondents


Referred Judgements :-

THE BOMBAY UNION OF JOURNALISTS AND OTHERS V. THE HINDU,BOMBAYAND ANOTHER [REFERRED TO]



Cited Judgements :-

S K MAHAJAN VS. ORIENTAL BANK OF COMMERCE [LAWS(DLH)-1995-9-80] [REFERRED]
PUNJAB KESRI PRINTING PRESS VS. RATTAN SINGH [LAWS(P&H)-1990-12-20] [REFERRED TO]


JUDGEMENT

S.S. Ghadha, J. - (1.)This appeal under Clause X of the Letters Patent read with Section 10 of the Delhi High Court Act, 1966 is directed against the judgment of the learned Single Judge dated August 26, 1977 whereby the writ petition filed under Articles 226 and 227 of the Constitution for quashing the order dated March 28, 1972 referring the disputes by the Delhi Administration to the Additional Industrial Tribunal for adjudication and the order dated September 12, 1973 passed by Shri K.S. Sidhu, Presiding Officer of the said Tribunal determining the preliminary issues, was dismissed.
(2.)The appellant, Delhi Cloth & General Mills Go. Ltd. is a public limited company (hereinafter referred to as the Management). The workmen employed by the Management in their Textile Marketing Organisation and as represented by the union known as D.C.M. Clerks Association (Regd.), Delhi served a notice of demand to the Management raising as many as 21 demands. The demands were not accepted by the Management, and an Industrial Dispute being apprehended, the matter was referred to the Conciliation Officer of Delhi Administration by D.G.M. Clerks Association (Regd.), Delhi by filing a claim dated September 26, 1970. Fhe Management and the workmen represented by D.G.M. Clerks Association (Regd.), Delhi entered into a settlement dated September 30, 1970 and filed it before the Conciliation Officer. The case of the appellant is that it is a conciliation settlement entered into in the prescribed form after complying with the provisions of the law. The settlement was to remain in operation initially for a period of four years with effect from January 1, 1969 and was a valid and binding settlement under Section 18 of the Industrial Disputes Act, 1947 (hereinafter called the Act).
(3.)It appears that there was a split amongst the employees themselves. A rival union was formed known as D.G.M. Commercial Staff Union (hereinafter called the Union), by some employees of the Management. On May 10, 1971, and May 17, 1971 the Management received notices of demand from one of the office-bearers of the Union, namely, the General Secretary. The Executive Committee of the Union passed an espousal resolution on May 27, 1971 to raise the demands made in the notices dated May 10, 1971 and May 17, 1971 against the Management. Thereafter, the Union filed a statement of claim before the Conciliation Officer, Delhi who took up the conciliation proceedings and later submitted his failure report to the Lt. Governor, Delhi. On a consideration of the said report, the Lt. Governor, Delhi was latisfied that an Industrial Dispute existed between the Management and its workmen as represented by the Union and made the impugned order of reference dated March 26, 1972.
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