NDLI: Indian Oxygen Ltd. Vs. The Workmen As Represented By Indian Oxygen Karamchari Union

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	U.P. Industrial Disputes Act 1947
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Industrial Disputes Act, 1947 (14 of 1947) U.p. Industrial Disputes Act, 1947 (28 of 1947)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	U.P. lndustrial Disputes Act, 1947 (28 of 1947) Ss. 2(f), 3(d), 4K, 6B, 61, 7(ii) - Industrial dispute - Tests for calling a dispute an "industrial dispute" - Establoishment had a union affiliated to a Federation and a non-affiliated union - Employer entered into settlement with affiliated union - Non-affiliated union not a party to such settlement - Dispute raised by a non-affiliated union on the same point - If an industrial dispute. Industrial Disputes Act, 1947 (14 of 1947) S. 18 - Applicability of. The appellant company had its establishments in a number of States in the country. In its establishment at Kanpur there were two unions, one of which, the Shramik Sangh, was affiliated to the Federal Union comprising of some of the trade unions in the various establishments while the other, the Karamachari Union, was not. A demand relating to revision of dearness allowance among others, was raised by both the Unions at Kanpur. The Shramik Sangh and the appellant entered into a settlement. Karamchari Union which was not a party to the settlement, made an application to the State Government to constitute a conciliation board for reference of the dispute. The Board was constituted. In the meantime, however, to bring the settlement within the purview of the U.P. Industrial Disputes Act the Shramik Sangh applied for the constitution of a conciliation board. A conciliation board was constituted and the memorandum of settlement arrived at between the parties was registered even though the dispute on the same point raised by the Karamchari Union was pending before the Conciliation Board all the while. The dispute raised by the Karamchari Union was, therefore, referred to a Tribunal under s 4K of the Act.The Tribunal rejected the appellant's contention that it had no jurisdiction to adjudicate on the dispute.On appeal to this Court it was contended that it was implicit in the various provisions of the U.P. Act that a settlement arrived at before a Conciliation Board by a Union of the majority of workmen was binding on all the workmen and that in the absence of a provision like s. 18 of the Industrial Disputes Act, 1947 it was not permissible for the Karamchari Union to contend that the settlement would bind only the members of the Shramik Sangh and in any event reference of the dispute to a Tribunal was without jurisdiction.
Judge	Hon'ble Mr. Justice P.N. Shinghal
Neutral Citation	1979 INSC 3
Petitioner	Indian Oxygen Ltd.
Respondent	The Workmen As Represented By Indian Oxygen Karamchari Union
SCR	[1979] 2 S.C.R. 911
Judgement Date	1979-01-09
Case Number	2335

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