Judgment

GUPTA, J.:- During the pendency of a reference before the Industrial Tribunal at Nagpur, a written agreement in settlement of the disputes covered by the reference as also certain other disputes between the management and the workmen was signed; on behalf of the trade unions representing the workmen the agreement was signed by their office bearers. A few days later the executive committee of one of the Unions rejected the agreement on the ground that the agreement had given rise to discontent among a section of the workers whose problems had not been satisfactorily solved. A question then arose, whether the agreement was a settlement within the meaning of S. 2 (p) of the Industrial Disputes Act. 1947 from which the Union could not resile. The Tribunal by its award held that the agreement was not a settlement binding on the union; the validity of this award is challenged in this appeal by special leave preferred by the management.

2. The relevant facts are these. The appellant, Brooke Bond India Limited, a company incorporated and registered under the Indian Companies Act, hereinafter referred to as the company, have a factory at Kanhan, District Nagpur, in Maharashtra. Two t