JUDGMENT

S.B. Majmudar, J.-A short but an interesting question arises for consideration in this appeal by certificate granted by the High Court of Judicature at Madras under Article 133(1) of the Constitution of India. It reads as under :

"Whether an individual workman governed by the Industrial Disputes Act, 1947 (hereinafter referred to as the Act ) can claim lay-off compensation under Section 250 of the Act despite a settlement arrived at during conciliation proceedings under Section 12(3) of the Act by a union of which he is not a member and when such settlement seeks to restrict the right of lay-off compensation payable to such workman as per the first proviso to Section 25-C of the Act."

2. A few relevant facts leading to these proceedings require to be stated at the outset :

Background Facts :

The five appellants before us were employed at the relevant time under Respondent No. 1 in various departments. Respondent No. 1 was running a textile mill wherein the appellants were employed. The said textile mill remained closed due to financial crisis from 8.8.1976 to 31.1.1978. The workmen of the mill raised a dispute pertaining to lay-off during the aforesaid period and clai