RAKESH TIWARI, J. - (1.) Heard Sri Sudhir Chandra, senior counsel assisted by Ms. Bharti Sapru, counsel for the petitioner and Sri K. P. Agarwal, senior counsel appearing for the respondents and perused the record.
(2.) This writ petition is directed against an order dated August 8, 2003 passed the Presiding Officer, Industrial Tribunal V, U.P. Meerut in an application filed by the Management in Adjudication Case No. 42 of 1998 praying for answering the reference that no industrial dispute survived between the parties in view of the registered settlement arrived at between the parties and the dispute has become stale by efflux of time. A settlement dated December 31, 1974 was arrived at between the petitioner and its workmen represented by Lever Karamchari Union. By the agreement dated December 31, 1974 it was agreed that the dearness allowances which was calculated on the basis Delhi working class cost of living index would not be paid over and above 1450 points. The parties also agreed that the Voluntary Separation Scheme which was expiring on December 31, 1974 would be extended. Some of the workmen represented by Hindustan Lever Mazdoor Sabha did not agree with the settlement dated December 31, 1974 aforesaid. They filed applications under Section 33-C(2) of the Industrial Disputes Act, 1947 before the Labour Court, Meerut claiming dearness allowance at the rate that was applicable prior to January 1, 1975 Respondent No. 2, Hindustan Lever Mazdoor Sabha and not signed the settlement dated December 31, 1974 but it was registered under Section 6-B of the U.P. Industrial Disputes Act. However, in 1977 there were negotiations between the petitioner and the respondent No. 2 and a large package of benefits to be given to the workmen was agreed. Respondent No. 2 Hindustan Lever Mazdoor Sabha agreed to ratify the settlement dated December 31, 1974 and also to withdraw its claim made in application under Section 33-C(2) of the Industrial Disputes Act, 1947. Thereafter a settlement dated December 5, 1977 was entered into between the petitioner and Hindustan Lever Mazdoor Sabha by which the ceiling imposed on the dearness allowance on the basis of Delhi working class cost of living index up to a maximum of 1450 points vide settlement dated December 31, 1974 was specifically agreed to and ratified. The relevant portion of the settlement dated December 5, 1977 entered into between the petitioner and the Hindustan Lever Mazdoor Sabha is as under: "And Whereas the scheme of dearness allowance was modified by a settlement dated December 31, 1974 between the Company and its employees and at present dearness allowance is being paid to the hourly rated and service staff employees according to terms of the said settlement." "4. The Sabha agrees and accepts the settlement dated December 31, 1974 entered between the company and its employees which was registered in accordance with provisions of the U.P. Industrial Disputes Act, 1947 and this acceptance shall be deemed to have been given by the Sabha as its own (sic) and on behalf of its members on January 1, 1975 when the said settlement came into force." " 13. That the Sabha agrees and undertakes to withdraw, as a gesture of goodwill and response to the company offering satisfaciory terms of settlement as provided hereinabove Adjudication Case No. 6/1976 pending before the Industrial Tribunal V at Meerut by moving an application inter alia stating therein that now they have no difference of dispute with the company in respect of the subject matter covered by the aforesaid adjudication case." "14. Pursuant to the acceptance of the settlement dated December 31, 1974 referred to in clause 4, the Sabha undertakes that all the applicants who have filed application under Section 33-C(2) of the Industrial Disputes Act, 1947 before Labour Court. Meerut, claiming dearness allowance at the rate applicable prior to January 1, 1975 will withdraw their applications since they were all members of the Sabha at the relevant time."
(3.) These settlements were registered under Section 6-B of the U.P. Industrial Disputes Act by the Registering Authority. The counsel for the petitioner submits that the ceiling imposed on dearness allowance by the settlement dated December 31, 1974 remained in force only up to January 3, 1977 i.e. when the settlement dated December 5, 1977 came into force. It is further submitted that even after settlement dated December 5, 1977 subsequent settlements were entered into between the parties and the dearness allowance was revised from time to time as per the terms of the respective settlements and they were relied upon by both parties. In compliance with clause 14 of the settlement dated December 5, 1977 all the workmen except one Sri Bidani withdrew the applications under Section 33-C(2) of the Industrial Disputes Act, 1947 which were filed before the Labour Court. It is urged that the subsequent settlements also reiterated that the terms of the settlement dated December 31, 1974 would be final and binding on the Sabha and it would not raise any dispute with respect to the same and that in fact the settlement dated May 3, 1991 specifically mentioned that Hindustan Lever Mazdoor Sabha would pray for a no dispute award with regard to the dearness allowance.;