Judgment

DUA, J.: The workmen of M/s. Delhi Cloth and General Mills, Bara Hindu Rao, Delhi, have appealed to this court by special leave from the award of the Additional Industrial Tribuanal, Delhi, dated February 17, 1966 holding that Shibban Lal was bound by the settlement dated June 9, 1965 and, therefore, there was no industrial dispute on the date of reference which could be referred for adjudication.

2. The facts necessary for the purpose of this appeal may now be briefly stated. The Chief Commissioner, Delhi by means of an order dated September 9, 1965 referred the dispute in controversy to the Additional Industrial Tribunal, the order of references being in the following terms:

"Where as from a report submitted by the Conciliation Officer, Delhi under section 12 (4) of the "Industrial Disputes Act, 1947, it appears that an industrial dispute exists between the management of M/s. Delhi Cloth and General Mills, Ltd., Bara Hindu Rao, Delhi and its workmen and Shri Shibban Lal and the said dispute has been take up by the D. C. M. (City Shop) Karamchari Union, 1121, Chatta Madan Gopal, Maliwara, Chandni Chowk, Delhi."

3. Before the Additional Industrial Tribunal the Management had r