1. Rule. Rule returnable forthwith. By consent of parties taken up for final hearing. Respondents waive service.

2. By this common order the above two writ petitions are being disposed of pursuant to the order dated 12th December, 2017 whereby both parties agreed that the two petitions can be disposed of finally at the stage of admission. The first petition is filed by the Employees' Union and the second by the company.

3. It would be appropriate to set out few basic facts which are undisputed. The company is engaged in the business of manufacturing and marketing of soaps, detergent, cosmetics, personal care and various other products at its factories across the country. It is believed to have 40 factories and establishments and one such factory is at Amli in Dadra and Nagar Haveli (Union Territory). The union represents some workers employed at Amli factory.

4. In the Union's petition, it is contended that majority of the workers of Amli CLS Plant and Liquid Bleach Plant of the company, who are covered by the settlement dated 30th September, 2008 (“Amli Settlement”) became members of the petitioner-union on or about 2nd October, 2012. On 21st October, 2012 a meeting of the managing committee of the union is said to have been held and the company was informed of this fact vide letter dated 29th October, 2012. The union is said to have terminated the Amli Settlement on 16th November, 2012 vide letter dated 10th November, 2012. According to Mr. Singhvi the learned Senior Counsel for the union, upon coming to know that the workers covered by the Amli Settlement had joined the petitioner-union, the company hurriedly signed a settlement with 9 workers working in the tea plant on 12th November, 2012 which was a holiday. The Amli HPC factory plant has since been integrated with three other factories, namely, Athal Beverages and Sayli Beverages both located at Silvassa, and Daman Unit-II. The petitioner has set out particulars of the dates of settlement governing the workers at these four plants. Athal Beverages and Sayli Beverages were manufacturing tea and Daman Unit-II manufactures disinfectant and liquid bleach. It is contended that on relocation of Athal Beverages, Sayli Beverages and Daman Unit-II to Amli factory, the company signed a Bridge settlement with the workers.

5. It is Mr. Singhvi's case that the settlement dated 12th November, 2012 is not binding on the workers covered by Amli Settlement since they had already become members of the petitioner-union on 2nd October, 2012 and the company's management and the Labour Enforcement Officer/Conciliation Officer were informed about the same. The members of the petitioner-union were not part of the in respect of the alleged Settlement dated 12th November, 2012 (“November Settlement”). It is contended that for various reasons as set out in paragraph 9 of the petition, the November Settlement was not binding as it was entered into without informing all the workers. The Conciliation Officer had also failed to inform the Union of the conciliation proceedings which were called on 12th December, 2012. Undue haste is alleged. It is contended that the November Settlement does not amount to a settlement since the conciliation proceedings failed to conform to the provisions of the Industrial Disputes Act (“Act”) including giving notices to the workmen. It is alleged that the November Settlement is unfair since the notices of conciliation proceedings were not given to the petitioner-union. It was contended that on 29th October, 2012 the union had also informed the company that 11 workers working in CLS Plant have withdrawn as authorised representatives for negotiations and the management was made aware of the same. Vide another letter dated 5th November, 2012, the Union also informed the company that any settlement with other plant workers will not be binding on the workers of the petitioner-union. The petitioner enclosed therewith a letter dated 4th November, 2012 signed by 166 work