HERBERTSONS LIMITED versus WORKMEN OF HERBERTSONS LIMITED AND ORS

HERBERTSONS LIMITED versus WORKMEN OF HERBERTSONS LIMITED AND ORS

The settlement entered into between the employer and the recognised union representing the majority of workmen was fair and just, and accordingly, the Tribunal's award shall be substituted by the settlement. The settlement binds all workmen as no evidence was adduced to prove significant opposition by members of the minority union.

Parties
Appellant: Herbertsons Limited; Respondents: Workmen of Herbertsons Limited; Respondent No. 2: Mumbai Mazdoor Sabha; Respondent No. 3: Bombay General Kamgar Sabha
Jurisdiction
India
Judgment Date
03 November 1976
Procedural Posture
Civil Appeal / Appeal by Special Leave From Industrial Tribunal Award
Outcome
Appeal dismissed
Legal Topics
Industrial Disputes, Settlement Under Section 18(1) of the Industrial Disputes Act, Collective Bargaining, Recognition and Derecognition of Trade Unions
Labour Law Industrial Law Industrial Disputes Settlement Under Section 18(1) of the Industrial Disputes Act Collective Bargaining Recognition and Derecognition of Trade Unions

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Parties

Herbertsons Limited

Appellant

Workmen of Herbertsons Limited

Respondents

Mumbai Mazdoor Sabha

Respondent No. 2

Bombay General Kamgar Sabha

Respondent No. 3

Procedural Posture

Civil Appeal / Appeal by Special Leave From Industrial Tribunal Award

Legal Issues

  1. 1 Whether the settlement under section 18(1) of the Industrial Disputes Act is fair and just
  2. 2 Whether the settlement is binding on all workmen, including members of the dissenting union
  3. 3 Scope and effect of a voluntary settlement in collective bargaining

Ratio Decidendi

The settlement entered into between the employer and the recognised union representing the majority of workmen was fair and just, and accordingly, the Tribunal's award shall be substituted by the settlement. The settlement binds all workmen as no evidence was adduced to prove significant opposition by members of the minority union.

Court Disposition

Appeal dismissed

Orders

  • The award of the Tribunal shall be substituted by the settlement dated October 18, 1973.
  • The settlement shall be the substituted award.