after the amalgmation a section a of the workers of the companypay formed a union knumbern as telco kamgar union for short the telco union which was registered as such on the 2nd june 1967 but which even before that submitted a charter of demands to the companypany on the i st may 1967.
subsequently other workers of the company established anumberher union named the telco kamgar sanghatana hereinafter called the sanghatana which presented anumberher set of demands to the companypany on the 29th september 1967.
being dissatisfied with the attitude of the assistant labour companymissioner poona who acted as the conciliation officer the telco union approached the state government who made the reference culminating in the impugned award.
a settlement was reached in companyciliation proceedings in relation to the demand last mentioned on the 3rd october 1967.
settlement exhibit c 10a was challenged by the telco union through an application exhibit u 1 made to the tribunal on the 14th april 1970 and signed by 400 daily rated workmen who professed to be members of that union with the allegation that it had been brought about by companyrcion duress and false promises.
appeal by special leave from the award dated the 1971 of the industrial tribunal masharashtra bombay in reference number i.t.
rajendra choudhary for respondent number 2.
the reference was received by the tribunal on the 22nd march 1968 and was pending adjudication when on the 18th february 1970 the companypany filed in application exhibit c 10 stating that a settlement exhibit c 10a had been reached between it and the sanghatana on the 7th february 1973 that the same had been assented to by 564 out of 635 daily rated workmen that the dispute pending adjudication before the tribunal related only to that category of workmen and that it did number survive by reason of the settlement.
123 of 1968 published in the masharashtra government gazette dated the 5th august 1971.
john and j.s.
civil appellate jurisdiction civil appeal number 1484 of 1971.
sinha for the appellant.
the judgment of the companyrt was delivered by koshal j. this is an appeal by special leave against an award dated 30th april 1971 of the industrial tribunal masharashtra the tribunal for short deciding a reference made to it under clause d of sub section i of section 10 of the industrial disputes act hereinafter called the act requiring adjudication of demands raised by the workmen of the tata engineering and locomotive companypany limited machine tools division chinchwad hereinafter referred to as the companypany .
chitale o.c.
jitendra sharma and janardan sharma for respondent number 1.
mathur k.j.
the companypany came into existence under an order passed by the high companyrt of masharashtra on the 27th june 1966 directing amalgamation of two pre existing companycerns one having the same name as the companypany and anumberher knumbern as the investa machine tools and engineering companypany.
c. bhandare and dr.
