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2013 Supreme(All) 867

TARUN AGARWALA
HAWKINS COOKERS MAZDOR UNION – Appellant
Versus
CONCILIATION OFFICER – Respondent


Advocates Appeared:
S.B. Singh, P.N. Saxena, V.K. Singh, Abhinav Krishna, Subhash Chandra Yadav and V.B. Singh for the Petitioners; C.S.C., Vivek Ratan, V.R. Agrawal and Prashant Mathur for the Respondents.

JUDGMENT

Hon’ble Tarun Agarwala, J.—The petitioner No. 1 is a registered trade union under the Trade Union Act. The petitioner No. 2 is its President. In 2004, the Union submitted a charter of demands and one such demand was revision of the wages. Negotiations were going on, and it is alleged, that the employers were deliberately delaying the settlement proceedings for vested reasons. On 28th April, 2005, a vague settlement was arrived at between the management and 120 workers out of a total strength of 236 workers on the rolls. This settlement was presented for registration under Section 6-B of the U.P Industrial Disputes Act (hereafter referred to as the Act). The Conciliation Officer/the Assistant Labour Commissioner, by an order of 08th July 2005 refused to register the settlement. The management being aggrieved, made a representation to the Labour Commissioner, who by an order dated 23rd September, 2005 directed the Conciliation Officer to register the settlement. The petitioner, who is the registered trade union, being aggrieved by the order of the Labour Commissioner, filed writ petition No. 64192 of 2005.

2. During the pendency of the writ proceedings, 63 more workers also j























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