AIR 1966 ANDHRA PRADESH 147 ::(1967) 1 LabLJ 10 ::ILR (1967) Andhra Pra 535

Andhra Pradesh High Court

Hon'ble Judge(s): P. Satyanarayana Raju , C.J. AND N. Kumarayya , J

Constitution of India , Art.226— Industrial Disputes Act (14 of 1947) , S.2, S.10(1)(c), S.12(3), S.18, S.19(2)— Prohibition - Writ of - When can issue - Settlement contemplated by Act - Binding effect of - Discharge of workmen - Conciliation proceedings - Settlement reached - Parties bound by agreement and acting upon it cannot raise industrial dispute so long as it is in force for statutory period - Doctrine of estoppel - Reference u/S.10(1)(c) by Government - Validity - Writ of prohibition if can issue. W.P. No. 1032 of 1962, D/-08-09-1964 (AP), partly Reversed. Consequent on an illegal strike by the workers of the petitioner Company conciliation proceedings were started by the Labour Officer who was also the Conciliation Officer of the district. A memorandum of settlement arrived was signed by the parties and the Labour Officer provided that all the workers except 16 of them would be allowed to join their duty and the case of 16 workers would be referred for decision to the Labour Commissioner. According to the decision of the Labour Commissioner arrived at within the prescribed time, 10 out of 16 workers were to be retained in the employment and the remaining 6 were to be discharged with some monetary relief. This decision was accepted by the management and 5 of the workers received ex-gratia payment in lieu of discharge. The remaining on....