Judgment

GOSWAMI, J. - The short but important question which arises for decision in this appeal by special leave turns on the interpretation of Section 19 (2) of the Industrial Disputes Act, 1947 (briefly the Act). Does law require that notice of termination under Sec. 19 (2) has to be given only after the date of expiry of a settlement? That is the question. We are informed that there is no direct authority of this Court on this point.

2. There was a settlement between the appellant, M/s. Shukla Manseta Industries Private Limited (hereinafter to be described as the employer) and their workmen on July 6, 1970. The settlement came into force from July 6, 1970 and was to remain in force for a period of three years that is till 5th July, 1973. The workmen through their union (Shukla Manseta Mazdoor Sangh) gave notice to the employer on May 6, 1973, terminating the settlement after the expiry of the period of two months from the date of the notice. Thus under the terms of the notice the settlement would also have stood terminated at the instance of the workmen on July 5, 1973, which was also the date of the expiry of the settlement under the agreed terms.

3. The workmen thereafter, raise