# JHAGRAKHAN COLLIERIES (P) LTD v. Sl!RI G. C. AGARWAL, PRESIDING OFFICER, CENTRAL GOV·

- **Citation:** [1975] 2 S.C.R. 873
- **Court:** Supreme Court of India
- **Decided:** 1975
- **Bench:** A. Alagiriswami, R. S. Sarkaria
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/jhagrakhan-collieries-p-ltd-v-sl-ri-g-c-agarwal-presiding-officer-central-gov-6364
- **Pages:** 8

## Headnote

, Industrial Disputes Act, Sections 2(P) and 18-Co11ciliation agreement arrived
at in proceedings otherwise than as required under the Act-Acceptance of the
settleme/11 by cc>nituct by workmen 1101 parties to settlement-Effect.
Industrial Disputes Act, Sections 10(1) and 33-C ('t)-Settlement during
pendenq of proceedings under sec. 33·C (2 )-Settlement, if terminates the
proceedings.
The three collieries owned by the appellant company employ over 4,200 workmen. At the relevant time there were three Trade Unions fooctioning at the
collieries namely, Madhya Pradesh· Koyla Mazdoor Panchayat,
Azad
Koyla
Shramik Sabha and Madhya Pradesh Colliery Workers• Federation.
At the matcrjal. time, the Panchayat, according to the allegations of the
Company, had about 75 per cent of the workers on its rolls. This Union conduded a complete strike for 57 days in the months of March and April 1968 at
the collieries. The Central Wage Board for Mining Industry by its award re·
commended payment of Variable Dearness Allowance (V.D.A.), correlated to
the cost of living index prevailing from time to time. The Company accepted
those recommendations. The workers represented by the various Unions, on the
basis of the Wage Board's award, demanded V.D.A. at the rate of Rs. J.47 per
day With e!Rct from April .1. 1%8 while the Company was paying it at the rate
of Re. 1.11 per day. The Company refused to pay more than Re. I.I! per day.
Thereupon, in December 1968, the Federation which had a membership of 169
workers (Respondents 4 to 173) made an application before the Central Labour
Court-cum-Industrial Tribunal Jabalpur (the Labour Court) under s. 33-C(2l
of the Industrial DisptLtcs Act for determination of the amount of V.D.A. due
tc the workers. The Company submitted its Written Statement on May 13, 1969,
challenging the jurisdiction of the court and raised other legal objections.
In consequence of the notice of strike under Sec. 22(1) of the Act )>y tbe
Panchayat, the eonciliation proceedings to be under s. 22 read with sec. 12(1)
of the Act were held by Mr. B. D. Sharma. Assistant Labour Commissioner. In
the course of these conciliation jll'oceedings besides other matters, the dispute
relating to V.D.A. was settled. Subsequent to tbe signing of the conciliation
agreement, the company filed a supplementary statement before the LabOur Court
that, in. yiew of the settlement, the application filed by the Federation had become
infructuous. The stand taken by the workers was that the settlement was not
in accordance with the provisions of the Act. The Labour Court tried
this
issue as a preliminary issue. It held that Shri Sharma was not a, duly appointed
.conciliation officer on the date on which tile settlement was arrived at. and con·
sequently, it did not put an end to the dispute pending before the Labour Court.
The Writ Petition filed by the Company in the High Court impugning the order
of the Labour Court was dismissed.
Hence this appeal by special leave.
It was contended for the appellant-·(i) Assuming that the settlement in
question was not a settlement in the course of conciliation proceedings and bind·
ing under s. 18(3) of the Act, it WllS still a settlement binding on the workmen,
including respondents 4 to 173 herein, when 99 per cent of the total workmen
had accepted the terms of the settlement, including V.D.A; (ii) The Labour
H
Court's order refusing permission to the appellant Company to lead evidence
to prove the implementatic'.'. and acceptance of. the aforesaid settlement by 99
per cent of the workers. was violative of the principles of n&tural justice, . and
(iii) There is nothing in the Act which prohibits the employers and the workmen
9-346SCI/75
874
SUPREME COURT REPORTS
[1975] 2 S.C.R.
from entering into a settlement during the pendency of proceedings
under
s. 33-C(2) of the Act. On the other ·hand, settlements illfer se between the parties
hav~ always been preferred by this Court to the adjudicatory process.
A
HBLD 0) A perusal of

## Text

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873
JHAGRAKHAN COLLIERIES (P) LTD.
v.
Sl!RI G. C. AGARWAL, PRESIDING OFFICER, CENTRAL GOV·
ERNMENT INDUSTRIAL ·TRIBUNAL-CUM-LABOUR COURT,
JABALPUR AND ORS.
November 28', 1974
[A. ALAGIRISWAMI AND R. S. SARKARIA, JJ.J
, Industrial Disputes Act, Sections 2(P) and 18-Co11ciliation agreement arrived
at in proceedings otherwise than as required under the Act-Acceptance of the
settleme/11 by cc>nituct by workmen 1101 parties to settlement-Effect.
Industrial Disputes Act, Sections 10(1) and 33-C ('t)-Settlement during
pendenq of proceedings under sec. 33·C (2 )-Settlement, if terminates the
proceedings.
The three collieries owned by the appellant company employ over 4,200 workmen. At the relevant time there were three Trade Unions fooctioning at the
collieries namely, Madhya Pradesh· Koyla Mazdoor Panchayat,
Azad
Koyla
Shramik Sabha and Madhya Pradesh Colliery Workers• Federation.
At the matcrjal. time, the Panchayat, according to the allegations of the
Company, had about 75 per cent of the workers on its rolls. This Union conduded a complete strike for 57 days in the months of March and April 1968 at
the collieries. The Central Wage Board for Mining Industry by its award re·
commended payment of Variable Dearness Allowance (V.D.A.), correlated to
the cost of living index prevailing from time to time. The Company accepted
those recommendations. The workers represented by the various Unions, on the
basis of the Wage Board's award, demanded V.D.A. at the rate of Rs. J.47 per
day With e!Rct from April .1. 1%8 while the Company was paying it at the rate
of Re. 1.11 per day. The Company refused to pay more than Re. I.I! per day.
Thereupon, in December 1968, the Federation which had a membership of 169
workers (Respondents 4 to 173) made an application before the Central Labour
Court-cum-Industrial Tribunal Jabalpur (the Labour Court) under s. 33-C(2l
of the Industrial DisptLtcs Act for determination of the amount of V.D.A. due
tc the workers. The Company submitted its Written Statement on May 13, 1969,
challenging the jurisdiction of the court and raised other legal objections.
In consequence of the notice of strike under Sec. 22(1) of the Act )>y tbe
Panchayat, the eonciliation proceedings to be under s. 22 read with sec. 12(1)
of the Act were held by Mr. B. D. Sharma. Assistant Labour Commissioner. In
the course of these conciliation jll'oceedings besides other matters, the dispute
relating to V.D.A. was settled. Subsequent to tbe signing of the conciliation
agreement, the company filed a supplementary statement before the LabOur Court
that, in. yiew of the settlement, the application filed by the Federation had become
infructuous. The stand taken by the workers was that the settlement was not
in accordance with the provisions of the Act. The Labour Court tried
this
issue as a preliminary issue. It held that Shri Sharma was not a, duly appointed
.conciliation officer on the date on which tile settlement was arrived at. and con·
sequently, it did not put an end to the dispute pending before the Labour Court.
The Writ Petition filed by the Company in the High Court impugning the order
of the Labour Court was dismissed.
Hence this appeal by special leave.
It was contended for the appellant-·(i) Assuming that the settlement in
question was not a settlement in the course of conciliation proceedings and bind·
ing under s. 18(3) of the Act, it WllS still a settlement binding on the workmen,
including respondents 4 to 173 herein, when 99 per cent of the total workmen
had accepted the terms of the settlement, including V.D.A; (ii) The Labour
H
Court's order refusing permission to the appellant Company to lead evidence
to prove the implementatic'.'. and acceptance of. the aforesaid settlement by 99
per cent of the workers. was violative of the principles of n&tural justice, . and
(iii) There is nothing in the Act which prohibits the employers and the workmen
9-346SCI/75
874
SUPREME COURT REPORTS
[1975] 2 S.C.R.
from entering into a settlement during the pendency of proceedings
under
s. 33-C(2) of the Act. On the other ·hand, settlements illfer se between the parties
hav~ always been preferred by this Court to the adjudicatory process.
A
HBLD 0) A perusal of sec. 18 of the Act makes it clear that a settlement
arrived at in the ·:ourse of conciliation proceedings is binding not only on the
actual parties to the industrial di!>lJu.te but also on the heirs, successors or ~ssigns
of the emplo~r on the one hand, and all the workmen in the ·establishment,
present or future. on the other. Thus, had Mr. B. D. Sharma been a duly
13
appointed Conciliation Officer, the· settlement arrived at in the conciliatiM pro·
ceedings, duly conducted by him under sec. 12, would have been binding on the
entire body o.f the workers. Since the finding of the High Court to the effect,
that the sett!ement between the Panchayat and the management cannot be deem.
ed a settlem<lnt arrived at in the ·=ourse of conciliation proceedings under the 'Act,
now s'ands unassailed, snb-iec. (3) of sec. 18 ·=~nnot be invoked to make it.
binding on Respondents 4 to 173 represented by the Federation. An implied
agreement by ac9uiescence or condu.ct su:h as acceptance of a benefit ~nder an
C
agreement to which the worker acqui!scing or accepting the benefit was not a
party being outside the purview of the Act is not binding on such 11 · worker
either under sub-sec. ( 1) or under sub sec. (3) of se'=· 18 of the Ac,t. It follows,
therefore, that,· even if 99% of the workeis have impliedly accepted the agreement
hy drawing V.D.A. under it, it will not-whatever its effect. under the general
law-put an end to the dispute before the Labour Coun and make
it funct11s
officio under the Act, [878C-E; 879A-Bl
{ii) The refusal of the Labour Court to allow the appellant to lead ev.idence
D
at .this stage, has not caused any prejudice to the app:lllant. The issu~ decided
as a prelimfoary issue involved a question of Jaw which could be dezided <>n the
basis of material on record. Furthermore, the decision of the Labour Court
neither debars the appellant from bringing on record evidence relevant to the
. issues which still remejn to b-e decided, nor does it rule out· the ag1eement Jior all
purposes. [1!79C-E]
·
(iii)· In East India Coal Company Ltd., Benares ·Co//ie.ry, Dhanbad v. Ramesh·
war and ors, [19681 I L.L.J. 6, this Court held that although the scope of s. 33E
C(2) is .wider than tl!at of se9. 33 C(l), cases which would appropriatllly be
adjudicated under sec. lO(l ). arc outside the purview of sec. 33C(2). Thi provisions of S.. 33-C are broadly speaking in the nature of executing provisions.
The jurisdiction of the Labour Court, ih the present case, is not only circumRCrihed 'by scc.33-C(2) but the matter also is yet at the initial st11ge.
The1 controversy between the parties still remains to be determined on merits. [880F & GJ
'
Alna/gamated Coffee Estates Ltd. and Ors. v. Their Workmen anti Ors.
[1965111 LU 110 discussed and The Slrsilk Ltd. and Ors. v. Govt. of Andhra
F
.Prad~sh and A11r. (1964] S.C.R. 448, xeferred to.
CML APPELLATE JURISDICTION: Civil Appeal
No. 1968.
of
1972.
.
Appeal by SPe<:ial Leave from. the Judgment and Order dated
the 4th Aul!USt. 19'71 of the Madhya Pradesh High Court in Misc.
·Petition No. 41 of 1970.
G
0. P. Malhotra, 0. C. Mathur, and R. N. Mishra, for the Appel·
I ant.
·
M.
K.
Ramamurthi and !. Ramamurthi for Respondents
Nos 14. 25. 31. 46. ·117, 59. 61, 68. 70, 72, 76, 79, 8(), 83,
· 84. 89. 9~
.. 93. 95. 96. 102. 126 and 129.
The Judgment of the Court was delivered by
SARKARIA, J.-This appeal by special leave is directed against the
judgment, elated August 4, 1971, of the Madhya Pradesh High Court
H
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JHAGRAKHAN COLLIERIES v. LABOUR COURT (Sarkaria, /.)
875
wherebv the appellant's Writ Petition under Articles 226 and 22]
of the Constitution was dismissed.
.
The appellant is the Jh.agrakhan C?llieries (P) Ltd., a Company
mcorpora~. un.der the Indian Compames Act. The Company owns
three colli~n~s in Jhagrakhan in Surguja District of Madhya Pradesh.
These colhencs employ over 4,200 workmen. At the . relevant time
there were three Trade Unions functioning at the collieries, namely,
.' 1) Mad~va Pradesh Koyla Ma1Xioor Panchayat
(fort short, the
.Panch~vat): (2) Azad Koyla
Shramik Sabha (for short,
the
Sabha); ~3) Madhya Pradesh Colliery Workers'
Federation (for
short. the Federation')
At the material time, the Panchayat, according to the allegations
of the Company, had about 75 per cent of the workers on its rolls.
This Union conducted a complete strike for 57 days in the months
of March and April 1968 at the collieries. The Central Wage Board
for Coal Mining Industry by its award recommended payment
of Variable Dearness Allowance (for short,' v:D.A.), correlated to
the cost of livin2 index prevailing from time to time. The Company
accepted these recommendations.
The workers
represented by the
various Unions. oil the basis of the Wa2e Board's award demanded
V.D.A. at the rate of Rs. 1.47 per day with effect from April 1, 1968
while the Companv was pavin.2 it at the rate of Rs. 1. H per day. The
Companv refused to pay more than Rs. 1.11 per day, Thereupon, in
December 1968. the Federation, which had a membership of 169
workers (Responllents 4 to 173 herein) made an application before
the Central Labour Court-cum-Industrial Tribunal Jabalpur
(for
short1 the Labour Court) under Section 33-C(2) of the Industrial
Disputes Act (for short the 'Act') for determination .of the amount
nf V.D.A; due to the workers. The Company submitted its written
statement on Mav 13. 1969, challen2in2 the jurisdiction of the court
and raised other legal objections.
On October 4. 1969. the Panchayat served a notice of strike under
Section 22< 1) of the Act on the Company together with a charter of
29 demands .an'd threatened to strike on or after November 7, 1969
if. their demands were not conceded. Thereupon, the counciliation
proceedinl?S puroortin2 to be under s. 22 read with s. 12(1) of the
Act were held by Mr. B. D. Sharma, Assistant Labour Commissioner
(C) Shahdo1 on the 21st and 22nd October. 1969. Jn the course of
these conciliation proceedings on October 22. 1969, besides other
matters. the l.iispute relatin2 to V.D.A. was settled.
On October 22,
1969, the Assistant Labour Commissioner (Mr. Sharma) sent a report
tor?ether with a co0v of the settlement to the Government, as required hv Section 12(3) of the Act. Subseauent to the si20ing of this
conciliation al?l'eement, dated October 22. 1969. the Company filed a
supplementarv statement on November 5, 1969. submitting that in
view of the said settlement, the apPlication under s. 33C(2) of the
Act filed bv the Federa~loh, had become infructuous. The Labour
8 76
SUPREME COURT REPORTS
[1975] 2 s.c.R.
Court by its order, dated December 20, 1969 framed this additional
issue : "Whether the claim stands iettled by reason
of settlement
dated 22-10-1969, if any''.
On b~half of the workers seve:ral objections were. raised to the
enforceability of this settlement, Their ·ultimate stand was that the
settlement was not in accordance with the provisions of the Act,
inasmuch as it had not been brought about in proceedings before a
dulv appointed Conciliation Officer. The Labour Court tried this
issue as ·a preliminary issue. It held that Shri Sharma was not a. duly
appointed Conciliation Officer on the date on which the settlement was
arrived at, anti consequently, it did not put an end to the dispute pending before. the Labour Court.
To impugn this order of the Labour Court, the Company th:rough
its agent and Mining Engineer filed a Writ Petition under Artick 226
and 227 of the Constitution, which as stated before, was dismiss1~d by
the High Court~ Hence this appeal.
.
Mr. Malhotra, learned Counsel for the appellant raised
three .
points in the course of his arguments before us :
( 1) Jn holding that the settlement, dated October 22, 1969
was ·not a settlement in the course of conciliation proceedings, the courts below have misconstrued Section
4 of the Act; inasmuch as, they have
relied
only
upon sub-section <1) and have not taken into account
i1s sub ·section ( 2) and the relevant notification thereunder:
(2) (a) ABsuming that the settlement in question was not
a. settlement in the course of conciliation proceedings
and bindin~ under s. 18 ( 3) on the Act, it was still a
settlement binding on the workmon, including respondents 4 to 173 herein, when 99 per cent of the. total
workmen had accepted the terms of the settlement, including V.D.A.
(b) The Labour Court's order refusing permission
to the appellant Company to lead evidence to prove
the implementation aild accept.a'nce of the aforesaid
settlement by 99 per cent of the workers, was violative
of the principles of natural jusqce.
(3) Tbere is nothing in the Act which prohibits the employee and the workmen from entering into a s~ttle
Jrient during the pendency of proceedings under
s. 33-C(2) of the Act. On the other hand, settlements
inter se between the parties have always been preferred
by this Court to the adjudicatory process.
Subsequently, however, Mr. Malhotra withdrew his contention with
regard to point No. (1) and requested the Court not to give an{
finding thereon. We, therefore, refrain from going into the same.
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JHAGRAKHAN COLLIERIES v. LABOUR COURT (Sarkaria, J.)
877
For points (2)' and (3), Mr. Malhotra placed reliance on two
decisions of this Court, namely : Amalgamated Coffee Estates Ltd . .
a11d ors. v. Their workmen and others(!) and The Sirsilk Ltd. and
ors, v. Government of Andhra Pradesh and anr.( 2 )
Before dealing with the_ points canvassed, it will be appropriate to
examine the relevant pro.visions of the Act. Section 2 (p)
of "the
Act defines settlement to mean-
"a settlement arrived at in the course of conciliation proceedings an~ includes a written agreement between the employer anld workmen arrived at otherwise than in the course
of conciliation proceeding where such agreement 'has been
signed by the parties thereto in such manner as may )?e prescribed and a copy thereof has been sent to (an officer authorised in this behalf by) the appropriate ,Government and
the conciliation officer." ·
As analvsis of the above definition would show that it contemplates only two kinds of s~ttlement (i) A settlement arrived at in the
course of conciliation proceedings . under the Act ahd (ii) a written
agreement between the employer and the workmen arrived at other·
wise than ·in the course of conciliation proceedinl!S. But a written
agreement of the latter kind in order to fall within the definition must
satisfy two more conditions, namely: (a) It must have been signed by
the parties thereto in the prescribed. manner, and (b) a copy thereof
must have been sent to the authorities indicated in s. 2(p).
The effect of a settlement of the first kind is iridicated in subsection (3) and that of the second in sub-s. (l) of s. 18 of the Act.
The material part of s. 18 reads:
·
"18(1) A settlement arrived at by agreement between the
employer and workmen otherwise than in the course of conciliation proceedings shall be binding on the parties to the
agreement.
(2) Subject to the provisions of sub-section (3), an arbi·,
·tration award which has become enforceable shall be
binding on the parties to the agreement who referred
the dispute to arbitration."
.
(3) A. settlement arrived at in the coiirse of conciliationprocealinl!S under this Act (or an arbitration award
in a case where a notification has been issued' under.
sub-section (3A) of Section (10A) or (an award of
a Labour Court, Tribunal or National Tribunal) which
has become enforceable shall be binding on-
( a) all parties tQ the Industrial dispute;
(b) all other parties summoned tc appear in the pro-·
ceedings as parties to the dispute, unless the BOard,
{arbitrator) (Labour Court, Tribunal or National
-..,..(1,....) [""19,..,65-]""'Il,-L-U-1..,.,10.
(2) [1964)S.C.Jl. 448.
878
SUPREME COURT REPORTS
[1975] 2 s.c.R.
Tribunal), as the case may be, records the opinion
that they were summoned without proper cause;
(c) where a party referred to in clause (a) or clause:
(b) is an employer, his heirs, successors or assigns
in respect of the establishment to which the disput1!
relates;
( d) where a party referred to in clause
(a)
or
clause (b) is composed of workmen, all persomi
who were employed in the establishment or part
of the establishment, as the case may be, to which
the dispute relates on the date of the dispute aml
all persons who subsequently become
employed
in that establishment or part."
·
It is clear from a perusal of Section 18, that a settlement a1rrived
at in the course of conciliation proceedings is binding not only on the
. actual partjes to the industrial dispute but also on the heirs, succ1~ssors
or assigns of the employer on the one hand, and all the workmen in
the establishment: present or future-, on the other. In extending the
operation of such a settlement beyond the parties thereto, sub-sc!Ction
( 3) of th•~ Section departs from the ordinary law of contract and
gives effect to the principle of collective bargaining. Thus, had Mr.
B. D. Sharma been a duly appointed Conciliation Officer, the Hettlement arrived at in the conciliation proceedings, duly conducted by him
under Section 12, would have been binding on the entire body of the
workers includinJl: Respondents 4 to 173 represented by the Fe:deration. and others who are members of the Sabha.
Since *e finding
of the Higb Court to the effect that the settlement between the Panchayat and the management cannot be deemed to be settlement arrived
at in the course of conciliation procee'dings under the Act, now stands
unassaileld. the aforesaid sub-section (3) cannot be invoked to make
it binding on Respondents 4 to 173. The question remains: Can it
be enforced against these Respondents by virtue of sub-section ( 1) of
the Section ?
This further narrows down into the issue : Were these
resoondents parties and signatories
to the agreement between
the
management and the f'anchayat ? The answer to this question
is .
undoubtedly in the negative.
Even Mr. Malhotra has conceded that at the time when the s.ettlement was arrived at on October 22, 1969, these respondents and the
members of the Sabha. were not parties to it. But his argum<:nt is
that subsec1uentlv by drawing V.D.A. in accordance with the settlement, 99% of the workers have accepted the settlement which, in
consequence,. would be as effective against them as if they were parties
to it.
·
The argument is attractive but does not stand a close examination.
We have already noticed that accordin~ to the scheme .of s. 18,
read with s. 2( d), an agreement, made otherwise than in the cc1urse
of conciliation proceedings, to be a settlement within the meaning of
"
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JHAGRAKHAN COLLIERIES v. LABOUR COURT (Sarkaria, /.)
879
the Act must be a written agreement signed in the manner prescribed
by the Rules framed under the Act As rightly pointed out by Mr.
Ramamurthy, .learned Counsel for the Respondents an implied agreement bv acawescence, or conduct
such as acceptance of a benefit
under an agreement in which
the worker acquiescing or accepting
the b~ne~t was not a partv. being outside the purview of the Act, is
not binding on such a worker either under sub-section (1) or under
sub-section (3) of s. 18. It follows, therefore that even if 99% of
the workers have impliedly accepted
t.Qe agr~ment arrived at on
~tober 22, 1969, by drawing V.D.A., under it, it will not-whatever
its effect under the general law-put an end to the dispute before the
Labour Court anQ. make it functus o.fficio under the Act.
The refusal of the Labour Court to allow the appellant to lead
evide~ce at this stage, has not caused any pre.iudice to the appellant.
The issue decided as a preliminary issue involved a question of law
which could. be klecided on the basis of material on record. For its
· '-'• ''" ·n. ir wits not necessary to prove that 99% of the workers had
accepted the agreement dated October 22, 1969. Even on an
assumption of that fact in favour of the Company, the claim before
the Labour Court could not be deemed to have been settled qua
respbndents 4 to 173.
·
· Furthermore. the decision of the Labour Court neither debars the
appellant from bringing on record evidence relevant to the is_!!ues
which still remain to be ~ecided, nor does it rule out the agreement
dated October -22, 1969, for all purposes. Indeed, the Labour Court
has in its order, towards the end, expr~ly said that the settlement,
dated October 22,_ 1969, can be binding under s. 18(1) of the Act
between the contracting parties.
' In view of the above. we )V6uld negative contention (2) canva5sed
by Mr. Malhotra.
·
This takes us to the third contention. Assuming that the Act does
not inhibit the employers and the workmen from arriving· at a settle- ·
ment during the pendency of proceedings under s. 33-C(2) of the_
Act, such a settlement, not being one arrived -at in the course of conciliation proceedings would be enforceable only against the parties
thereto. Jn the present case. Respondents 4 to· 173 and others who .
were not parties to the settlement dated October 22, 1969' would ,not
be bound by it.
In the case of Amalgamated Coffee Estates Ltd. v. Their workme11 .
(supra) cited bv Mr. Malhotra, pending the appeals .by the management before this Court, the subject-matter of the award were settled
between most of the managements and most of their employees !e- ,
presented by certain Unions. An application was made requestin~
the Court t-0 dispose of the appeals in terms of such settlement. . It was
opposed on behalf of some of the employees; This Court called for a
finding from the Industrial Tribunal on this issue.:
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SUPREME COURT REPORTS
[1975] 2 s.C.R.
"In view of the fact that admittedly a large number of
workmen employed by the appellants
have accepted payments 'consistently with th_e terms of the agreements set up
by the employers, in their present petition, is it shown by the
respondents that the said agreement is not valid and binding
on them?"
The Tribunal submitted the finding that in every estate payments were
made in terms of the settlement and such payments were voluntary
and knowingly accepted by the workmen. It also held that the t1~rms
of the settlement were fair.
This Court accepted the finding of the
Tribunal hol'ding that "the settlement appears to us also to be a fair
one·. It therefore, decided the appeals in terms of the settlement.
It will be seen that the decision in Amalgamated Coffee Estates
case · (supra) stands on its own facts. There the appeals arose out of
an award of the Special Industrial Tribunal for plantations in a dispute between 228 coffee, tea and rubber estates in South India and
their employees referred to it under s. 10(1) whereas the instant
appeal arises out of proceedings un'der s. 33-C(2) for the recove1y of
monev on the basis of the Wage Board's award and the dispute, if any,
is about the computation of V.D.A. in implementation of that award.
The scope of s. 33..C(2) is not the same as that of s. 10(1) of the
Act. In East India Coal Company l~td. Banares Colliery, Dha11bG1d v.
Raweshwar Cllld Ors. U) this Court held that although tqe scope of
s. 33-C(2) is wider than that of a 3:~-C(1), cases which would appropriatelv be, adiudicatetl under s. 10(1) are outside the purview of
s. 33 C(2). The provisions of s. 33-C are, broadly speaking, in the
nature of executing provisions.
·
An app1~al being a rehearing of the case, in Amalgamated Coffee
Estates· case. the jurisdiction o~ the Court to decide the dispute in a
just manner was co-extensive with that of the Tribunal to which it was
referred under s. 10( 1). This Court found in agreement with the
report of the Tribunal that the settlement arrived at between the
most of the Unions repres~nting most of the workers and the managements was fair and conducive to in'dustrial peace, and therefore, it was
just and appropriate to decide the dispute and dispose of the appeals
in terms of the settlement.
In the dase before us, the jurisdiction of the Labour Comt is not
only circumscribed by s 33-C(2)
but the matter also is yet at the
initial stage. The controversy between the parties still remains tQ be
dete1mined on merits.
We. therefore, do. not think it necessary to
say anything more with regard to contention No. 3 than what we have
broadly intlicated above.
For the foregoing reasons, the appeal fails ancl is dismissed with
costs.
A
B
c
D
E
F
G
V.M.K.
Appeal Dismissed.
H