JUDGMENT

Per Ramaswaml, J. :-This appeal is brought from the award of the industrial tribunal, Punjab, Patiala, dated 15 April 1963, in Reference No. 5 of 1962, published in the Punjab Government Gazette (Part I), dated 3 May 1963.

The appellant is a factory under the name and style of Shibu Metal Works, Jagadhari, being a partnership concern registered under the Partnership Act and carrying on the business of manufacture of circle sheets and brass utensils. The appellant has been employing about 65 to 70 workmen who were shown on the muster-rolls. Among other sections of the factory the appellant has three sections, viz., chhilai, lathe and press where it adopted the practice of getting its work done through contractors. On 30 October 1957 there was a settlement between the workmen and the management with regard to several matters. The settlement was arrived at before the conciliation officer and one of the terms of the settlement was an undertaking by the workmen not to raise any dispute covered or not covered by the settlement for five years, i.e., from 1 April 1957 till 31 March 1962, except in cases of victimization. The secretary, Metal Mazdoor Sabha, served a demand notice on