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2000 Supreme(SC) 2036

S.N.VARIAVA, S.RAJENDRA BABU
Koshi Project Workers Association – Appellant
Versus
State Of Bihar – Respondent


(1) A settlement was entered into between the appellants and the respondents in regard to the Water Resources Department on November 29, 1994 under which it is provided inter alia as follows:

"AS per the registered constitution of the unions, the transfer of the office bearers of the Central Executive Committee working in recognised Trade Unions of the Water Resources Department shall not be made without their consent during the period of holding post by them. The transfer of the office bearers under reference, which is contained in this dispute, shall be cancelled".

(2) WHEN the office bearers of the appellant Union, which is a recognised Union, Were sought to be transferred a writ petition was filed before the High Court challenging the validity: of the same. The learned single Judge dismissed the writ petition on the ground that the appropriate remedy to be followed by the appellants was to raise a dispute under Section 10 of the Industrial Disputes Act and not by way of a writ petition. When the matter was carried in appeal, the Division Bench also dismissed the same.

(3) THE contention on behalf of the appellant is that when a settlement has been rea

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