Amitava Lala, J. - (1.) It appears that a notice dated March 26, 2002, has been challenged before this Court whereunder the Labour Department, Government of West Bengal, informed the company that it has got the exemption from the provisions of the Employees' State Insurance Act and Rules upto March 31, 2000. Such exemption will not be continued from April 1, 2002. In effect, the Employees' State Insurance Scheme will be applicable to the employees under the Act on and from April 1, 2002. The petitioners made this writ petition for the purpose of interpretation of the memorandum of settlement arrived at before the conciliation officer and the Deputy Labour Commissioner, Government of West Bengal, dated November 22, 1995. Precisely, they have taken the scope to the Clause 11 of the terms and conditions of such settlement which provides for duration of limit. The relevant portion of such agreement is quoted hereunder: "Save as otherwise specified hereinbefore, this settlement shall come into force from the date of signing of this memorandum of settlement and shall remain for three years, i.e., October 30, 1998. Thereafter, it will continue to be in force until terminated by due notice in accordance with law."
(2.) Such part, according to this Court, has three sub-parts. Firstly, there is a non obstante effect in respect of the earlier clauses. Secondly, the period of settlement is fixed up to three years, i.e., from October 30, 1998, and thirdly, even thereafter it will continue or be in force until terminated by due notice in accordance with law.
(3.) According to this Court, if there is a dispute in respect of the terms of the settlement arrived at before the conciliation officer and the Deputy Labour Commissioner, the appropriate forum being the Boards, Courts or Tribunals for the labour and industrial dispute is/are likely to be invoked.;