V. RAMASWAMI, G. K. MITTER, M. HIDAYATULLAH
Textile Labour Association, Bhadra Ahmedabad: Baldeobhai Maganlal – Appellant
Versus
Ahmedabad Mill Owners Association, Ahmedabad: Aryodaya Spinning Mills Company LTD. , Ahmedabad – Respondent
M.HIDAYATULLAH, C.J.I.
(1) ON 19/09/1969 the Textile Labour Association, Ahmedabad and the Ahmedabad Mill owners Association, Ahmedabad entered into a compromise in Civil Appeal No. 1605 of 1966. This compromise was recorded by us, but we left it over for consideration as Civil Appeal N< for today down set was 1966 of 1606 No. Appeal Civil it. implement to wish not did and compromise the agreeable in party award same against parties different by filed been have appeals two The heard. be>
(2) A question has been raised whether the compromise entered into by the Textile Labour Association, Ahmedabad is binding upon the party in Clivil Appeal No. 1606 of 1966. On an examination of the provisions of the Bombay Industrial Relations Act, 1946, we are of opinion that the compromise is binding upon all the employees who are holding out and who are parties to Civil Appeal No. 1606 of 1966. Under Section 27-A of the Bombay Industral Relations Act, it is provided that except as provided in S. 32 and 33) no employee shall be allowed to appear or act in any proceeding under the Act except through the representative of the employees. The expression Representative of employeas is
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