1. Dispute over transfer of trade union office bearers without consent per settlement under Industrial Disputes Act. (Para 1 , 2 )
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2000 Supreme(SC) 2036
SUPREME COURT OF INDIA
S.N.Variava : S.R.Babu
Koshi Project Workers Association
Versus
State Of Bihar
Case No. : 5031 of 1958
Date of Decision : 12/13/00
Important Points
A settlement reached under Section 18(3) of the Industrial Disputes Act is binding and can be enforced via a writ petition or suit if the relief is against an authority, and is not limited to the process of raising a dispute under Section 10.
Subject
Labor Law - Industrial Disputes
Act Referred
Headnote
(A) Industrial Disputes Act - Sections 10 and 18(3) - Enforcement of settlement - When a settlement is reached under Section 18(3) of the Act, it is binding and its terms can be enforced not only by raising an industrial dispute under Section 10, but also through a suit or writ petition, especially if the relief sought is against an authority or any other remedy permissible under law. (Para 3)
Facts of the case:
A settlement was entered into between a recognized union and a government department providing that the transfer of the office bearers of the union shall not be made without their consent during their tenure. When the department sought to transfer such office bearers, the union challenged the validity of the orders via a writ petition. The High Court dismissed the petition on the ground that the appropriate remedy was to raise a dispute under Section 10 of the Industrial Disputes Act rather than filing a writ petition.
Findings of Court:
The orders of the High Court were set aside as the court found that when a settlement is arrived at under Section 18(3) of the Industrial Disputes Act, it is not necessary that its terms be enforced only by raising an industrial dispute. The writ petition was allowed, and the transfer orders were quashed to the extent they had not yet been given effect to.
Issues: Whether the enforcement of a settlement reached under Section 18(3) of the Industrial Disputes Act is limited to the procedure of raising an industrial dispute under Section 10, or if a writ petition is also a permissible remedy.
Ratio Decidendi: A settlement entered into under Section 18(3) of the Industrial Disputes Act can be enforced by way of a suit or writ petition if the relief sought is against an authority, and the remedy is not restricted to the process of raising an industrial dispute under Section 10. (Para 3)
Result: Appeal allowed.
Facts of the case:
A settlement was entered into between a recognized union and a government department providing that the transfer of the office bearers of the union shall not be made without their consent during their tenure. When the department sought to transfer such office bearers, the union challenged the validity of the orders via a writ petition. The High Court dismissed the petition on the ground that the appropriate remedy was to raise a dispute under Section 10 of the Industrial Disputes Act rather than filing a writ petition.
Findings of Court:
The orders of the High Court were set aside as the court found that when a settlement is arrived at under Section 18(3) of the Industrial Disputes Act, it is not necessary that its terms be enforced only by raising an industrial dispute. The writ petition was allowed, and the transfer orders were quashed to the extent they had not yet been given effect to.
Issues: Whether the enforcement of a settlement reached under Section 18(3) of the Industrial Disputes Act is limited to the procedure of raising an industrial dispute under Section 10, or if a writ petition is also a permissible remedy.
Ratio Decidendi: A settlement entered into under Section 18(3) of the Industrial Disputes Act can be enforced by way of a suit or writ petition if the relief sought is against an authority, and the remedy is not restricted to the process of raising an industrial dispute under Section 10. (Para 3)
Result: Appeal allowed.
Legal Category Hierarchy
Table of Contents
2. Settlement binds parties; remedy available via suit or writ, not only industrial dispute under Section 10. (Para 3 )
3. Settlement under Section 18(3) can be enforced by suit or writ, not solely by raising industrial dispute. (Para 3 )
4. A settlement under Section 18(3) of Industrial Disputes Act is enforceable by suit or writ petition. (Para 3 )
5. Appeal allowed; High Court orders set aside; transfer orders quashed where not yet given effect. (Para 4 )
6. Can a settlement under Section 18(3) of the Industrial Disputes Act be enforced by a writ petition?
Yes, a settlement under Section 18(3) is enforceable by suit or writ petition, not only by raising an industrial dispute under Section 10. (Para 3 )
(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 reached between the parties and that settlement is binding upon the respondents driving the appellants to an industrial dispute will not be an appropriate course. We think there is force in this submission that when settlement has been arrived at under Section 18(3) of the Industrial Disputes Act, the settlement can be (enforced and ita is no necessary that its terms are to be enforced only by way of raising an industrial dispute. It could be even by way of a suit or writ petition, if the relief sought for is against an authority or any other remedy that may be permissible under law and not necessarily one under Section 10 of the Industrial Disputes Act.
(4) IN this view of the matter, the orders of the High Court cannot be sustained. The orders made by the learned single Judge and Division Bench are set aside; the writ petition filed by the appellants shall stand allowed by quashing the transfer orders to the extent not given effect to. In case of office bearers whose transfers are given effect to this order will not have effect. The appeal is allowed accordingly.
