JUDGMENT :

Mohta, J.

1. The petitioner is a limited company carrying on business of manufacturing conductors, heavy duty underground power and control cables, welding electrodes, etc. The second respondent was working as an employee in the carpentry department of the petitioner's factory at Vithalawadi in District Thane. The third respondent is a registered Trade Union representing the employees in the petitioner's factory. Industrial Court passed an order holding petitioner guilty of an unfair labour practice under Item No. 9 of Schedule 4 of Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, (in short Maharashtra Act 1, 1972) and directing it to implement a settlement dated 3-8-1974 with effect from 15th October, 1975 till the date of closure of the company, which we are informed in the end of October, 1977. By the present petition this order is impugned.

2. Before proceeding with the points raised it would be necessary to set out certain relevant background. The petitioner had approximately 600 workmen on its roll. Before 3-8-1974 wages and other emoluments were being paid to the workmen in terms of an agreement dated 23rd January, 1971. Un