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(Before A.M. Ahmadi, CJ, S.B. Majumdar and B.N. Kirpal, JJ) K.C.P. Limited v. Presiding Officer and Others Settlement of industrial dispute by union - binding on non-consenting workmen HEADNOTES Facts An industrial dispute was raised by the recognised and representative union of all workmen in the establishment of KCP Limited regarding dismissal of 29 workmen, who according to the management had indulged in various acts of misconduct during a strike by all the workmen which resulted in a lock-out and disciplinary action against these workmen. Pending reference of the dispute before the Labour Court, a settlement was arrived at between the union representing the 29 workmen and the management. Under the settlement, the 29 workmen would be given Rs. 75,000 as compensa- tion or alternatively would be reinstated with continuity of service but without back wages, and were to tender an apology to the management for misconduct and give an assurance of good conduct in future. 17 workmen accepted the set- tlement and joined duty. A joint memorandum was signed by the union and the company embodying the settlement and the Labour Court was requested to pass an award on the terms of the settlement. The Labour Court
International Labour Law Reports Online – Brill
Published: Jan 1, 1995
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