- (1.) THE question which arises for consideration in this appeal is whether the reference made by the State Government under Section 4k of the Industrial Disputes Act for adjudication of an industrial dispute regarding earned leave to the Industrial Tribunal (I), U. P. , Allahabad is incompetent on account of two earlier settlements and an earlier award of the Labour Court.
(2.) THERE are three unions of workmen in the industry known as Indian Drugs and Pharmaceuticals Ltd. , Rishikesh, namely, the Antibiotics Project (Rishikesh) Karamchari Sangh (hereinafter referred to as the "karam chari Sangh"), the Rashtriya Sharmik Sangh (hereinafter referred to as the "sharmik Sangh") and Indian Drugs and Pharmaceuticals Limited Employees Union (hereinafter referred to as the "i. D. P. L. Union" ). Disputes were raised by each one of these three unions. The dispute raised by the Sharmik Sangh related to earned leave to workmen employed after 27-5-1969. Negotiations started between the company and the three unions regarding these demands. It appears that settlements were reached in respect of all the demands, but at some stage the Sharmik Sangh withdrew from the negotiations. Two settlements were executed on September 30, 1970, one between the company and the Karamchari Sangh and the other between the company and the I. D. P. L. Union. These settlements were subsequently registered with the Conciliation Officer. No settlement was executed between the company and the Sharmik Sangh. By these settlements the disputes relating to increase in wages and the discontinuance of project allowance were specifically settled. Paragraph 4 in both the settlements stated that the settlements fully and finally resolved and settled all matters of dispute and the parties confirmed that no dispute or matter of demand of whatsoever nature remained outstanding between them. Each of the settlements thereafter recited as follows: The union hereby agrees and confirms further not to make any demand which would involve additional financial liability during the period of the operation of this agreement. If, however, the Plant reaches the stage of profitability during the operation of the settlement, workers may bring up any reasonable demand other than in the nature of general wage revision for the consideration of the Management. By Clause (3) of each settlement, the settlement was to remain in force for a period of three years and thereafter it was to continue to be in force until it was terminated by the service of notice in writing by either of the parties.
(3.) SUBSEQUENT to the execution of the two settlements the company put up a notice on Oct. 21, 1970. The relevant part of which reads as follows: It is, therefore, notified for general information that those workmen who are members of the Rashtriya Sharmik Sangh or are not members of the signing unions will, if they receive the payments as envisaged under the agreement dated 30-970, be deemed as having agreed to it and bound by the same. Such receipt of payment will, therefore, act as an estoppel for further in claims and disputes. According to the company all the workmen voluntarily accepted payments under the settlements and thereby became bound by these settlements.;