168 of 1974 published in the Maharashtra Government Gazette dated the 7th April, 1977.
Appeal by Special Leave from the Award dated 22 2 1977 of the Industries Tribunal, Maharashtra in Reference IT No.
It is against the above order of the Tribunal that the employer has companye to this Court by special leave.
The workmen resisted the claim.
There was a settlement between the appellant, M s. Sbukla Manseta Industries Private Limited hereinafter to be described as the employer and their workmen on July 6, 1970.
The employer took a preliminary objection before the Tribunal that the reference was incompetent and invalid in view of the fact that there was numberlegal and valid termination of the settlement in accordance with the provisions of section 19 2 of the Act.
The settlement came into force from July 6, 1970 and was to remain in force for a period of three years, that is, till 5th July, 1973.
CIVIL APPELLATE JURISDICTION, Civil Appeal No.
Thus under the terms of the numberice the settlement would also have stood terminated at the instance of the workmen on July 5, 1973, which was also the dare of the expiry of the settlement under the agreed terms.
D. Damania, P. H. Parekh, Miss Manju Jetley and K. Vasude, for Respondents.
The workmen through their union Shukla Manseta Mazdoor Sangh gave numberice to the employer on May 6, 1973, terminating the settlement after the expiry of the period of two months from the date of the numberice.
1324 of 1977.
N. Shroff, for the Appellant.
The workmen thereafter raised certain demands on August 1, 1973 and the State Government, in due companyrse, referred the dispute under section 10 1 d of the Act to the Industrial Tribunal by an order dated June 25,1974.
