K.Kannan, J.

1. The writ petition challenges the reference made by the Labour Commissioner, Punjab which reads as follows :-

"Whether after entering into a settlement under Section 2 (p) of the Industrial Dispute Act, 1947 dated 26.11.1999 with the workman Sh. Mohan Lal by the Management, his services has been terminated in an unjustified and illegal manner ? If yes then the workman is entitled to what relief and to what extent ?"

The challenge is on the ground that the reference itself makes the reference to the settlement executed on 26.11.1999 and the terms of the settlement recites the fact that instead of termination of service, the workman was bargaining for an early retirement to enable him to claim amounts which were due to him under various heads, which benefit he would not have obtained if it had been a case of dismissal from service . The contention of the learned counsel for the petitioner is that under the terms of the settlement the workman had received Rs. 3,90,054.96 besides gratuity and Provident Fund. The reference according to him is bad on three grounds. i) There had been a settlement entered into between the parties under Section 12 (3), before the Conc