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S. B. SINHA, DALVEER BHANDARI
Hindustan Fasteners Pvt. LTD. – Appellant
Versus
Nashik Workers Union – Respondent
JUDGMENT
S.B. Sinha, J. - Leave granted.
2. Interpretation of a settlement arrived at by and between the parties hereto falls for consideration in this appeal which arises out of a judgment and order dated 8.12.2000 passed by the High Court of Judicature at Bombay in First Appeal No. 521 of 1992.
3. Appellant herein is engaged in engineering activities. Respondent No. 1 is a trade union registered under the Trade Unions Act. Appellant was a sick unit as envisaged under the Sick Industrial Company (Special Provision) Act, 1985. A settlement was arrived at on 11.5.1990 by and between the parties hereto in regard to the demands raised on behalf of the workmen. The period covered by the settlement was 1.01.1989 to 30.12.1992. The workmen thereafter went on strike. Several demands were also raised. A second settlement was arrived on 24.5.1993. In the preamble of the said settlement, it was stated:
"...The company has enforced lockout of its employees on and from 14.1.93 for the reasons mentioned in the companys lock out notice dated 28.12.90 and the said lockout is still continuing. In view of the long duration of the lockout and protracted court proceedings in the Industrial Court
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
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