Harbans Singh, C. J.

1. This order will dispose of three writ petitions (Civil Writs Nos.2858, 2859 and 2860 of 1970), and Letters Patent Appeal No.84 of 1971. The point involved in all these matters is the same, namely, whether during the currency of a settlement, under Sec.12 (3) of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act), which is annexure a in Civil Writ No.2858 of 1970, the facts of which alone will be given in detail, the question whether the dismissal of a workman was proper or otherwise, can be referred to the Industrial Tribunal at the instance of the workman without first exhausting the remedies provided under the settlement.

2. In Civil Writ No.2858 of 1970, Ram Sarup, workman, was charge-sheeted on 11th January, 1969, and on 3rd April, 1969, he was, dismissed, after an enquiry. The matter was taken by him to the conciliation officer before whom, it is a common case between the parties, an objection was raised by the Atlas Cycle Industries Limited, Sonepat (hereinafter referred to as the management), that there was a settlement under Sec.12 (3) of the Act in force between the management and the workmen through the conciliation offic