TMI Blog1981 (10) TMI 189X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 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 Company Limited (Machine Tools Division), Chinchwad (hereinafter referred to as the company). 2. The facts leading to this appeal may be briefly set out. The Company came into existence under an order passed by the High Court of Masharashtra on the 27th June, 1966 directing amalgamation of two pre-existing concerns, one having the same name as the Company and another known as the Investa Machine Tools and Engineering Company. After the amalgmation a section A of the workers of the Compay formed a union known as Telco Kamgar Union (for short, the Telco Union) which w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... brought about by coercion, duress and false promises. In these circumstances, the Tribunal addressed itself to the controversy regarding the legality and binding nature of the settlement. In that behalf its findings were: (a) There was no evidence of the settlement being vitiated by any duress, coercion or false promises. It was, therefore, both legal and fully binding on the parties, thereto under sub-section (I) of section 18 read with clause (p) of section 2 of the Act. (b) No attempt had been made by either party to the reference to prove as to how many of the 564 workmen who had assented to the settlement were members of the Sanghatana. (c) Those of the 564 workmen aforesaid who were not members of the Sanghatana were not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ms and conditions of the settlement are acceptable to me and are binding on me. (emphasis supplied). It is no body's case that any of the signatories to this declaration was not one of the said 635 workers or that any of the signatures appearing underneath the declaration was forged or fictitious. And if that be so, the assertion by each signatory to the declaration that he was a member of the Sanghatana has to be taken at its face value and presumed to be correct until it is shown to be false. The Onus to prove the falsity of the assertion in the case of any particular A workman thus rested heavily on the Telco Union but it made no attempt to discharge the same. It has been urged on its behalf that the very fact that 400 workmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n most of its aspects and all that was necessary was to marginally increase the additional daily wage. We are clearly of the opinion that the approach adopted by the Tribunal in dealing with the matter was erroneous. If the settlement had been arrived at by a vast majority of the concerned workers with their eyes open and was also aecepted by them in its totality, it must be presumed to be just and fair and not liable to be ignored while deciding the reference merely because a small number of workers (in this case 71, i.e., 11.18 per cent) were not parties to it or refused to accept it, or because the Tribunal was of the opinion that the workers deserved marginally higher emoluments than they themselves thought they did. A settlement cannot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ir and unjust. ... ... ... ... ... ... ... ... ... ... We should point out that there is some misconception about this aspect of the case. The question of adjudication has to be distinguished from a voluntary settlement. It is true that this Court has laid down certain principles with regard to the fixation of dearness allowance and it may be even shown that if the appeal is heard the said principles have been correctly followed in the award. That, however, will be no answer to the parties agreeing to a lesser amount under certain given circumstances. By the settlement, labour has scored in some other aspects and will save all unnecessary expenses in uncertain litigation. The settlement, therefore, cannot be judged on the touch-stone of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has stood by this settlement and that is a strong factor which it is difficult to ignore. As stated elsewhere in the judgment, we cannot also be oblivious of the fact that all workmen of the company have accepted the settlement. Besides, the period of settlement has since expired and we are informed that the employer and the 3rd respondent are negotiating another settlement with further improvements. These factors, apart from what has been stated above, and the need for industrial peace and harmony when a union backed by a large majority of workmen has accepted a settlement in the course of collective bargaining have impelled us not to interfere with this settlement. The principles thus enunciated fully govern the facts of the case in h ..... X X X X Extracts X X X X X X X X Extracts X X X X
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