AIR 2001 SUPREME COURT 652 ::2001 AIR SCW 287 ::2001 LAB. I. C. 644 ::2001 AIR - Kant. H. C. R. 2250 ::2001 Lab LR 195 ::2001 (1) UJ (SC) 388 ::2001 UJ(SC) 1 388 ::(2001) 1 CurLR 1006 ::(2001) ILR (Kant) (1) 2023 ::(2001) 88 FacLR 936 ::2001 (2) SCC 448 ::2001 SCC (L&S) 443 ::(2001) 1 LabLJ 722 ::(2001) 1 Scale 229 ::(2001) 3 AllMR 239 (SC) ::2001 (3) All MR 239 ::(2001) 2 AndhLD 29 ::(2001) 98 FJR 361 ::(2001) 2 Lab LN 795 ::2001 (2) SCJ 192 ::2001 (1) SCT 1123 ::2001 (1) ServLR 614 ::2001 (1) UC 402 ::(2001) 1 UPLBEC 814 ::2001 (2) LRI 998 ::2001 (1) Supreme 143 ::2001 (2) SRJ 308 ::(2001) 2 JT 44 (SC)

Supreme Court Of India

(From : Karnataka)*

Hon'ble Judge(s): S. Rajendra Babu, Shivaraj V. Patil , JJ

(A) Industrial Disputes Act (14 of 1947) , S.19, S.10— Reference of dispute during subsistence of settlement - Tenable, in view of material change in working conditions of employees since time settlement is entered into. A settlement once entered into between the parties shall be operative until the same is terminated as provided in S. 19 of the Act. The object of such a provision is to ensure that once a settlement is entered into then industrial peace prevails according cordilitis between the parties during the period agreed upon. The same position should continue by extension of the settlement by operation of law. There is an option given to either party to terminate the settlement and such a course having not been adopted in the present case the dispute could not have been raised by the parties. But in an appropriate case Government may make a reference under the Act on the ground that since the time settlement was entered into there has been material change in the circumstances, S. 19 of the Act limits the variation of settlement but if there has been any material change in the @page-SC653 circumstances available in the establishment of an employer certainly such a situation cannot be ignored altogether to state that settlement alone should be adhered to whatever be the situation. If such a settlement cannot be worked out i....