Case Note & Summary
The petitioner, Vitthal s/o Nagorao Chapote, filed two writ petitions challenging an order dated 2/11/2009 passed by the Industrial Court, Jalna, in proceedings arising out of an industrial dispute with the Divisional Controller, M.S.R.T.C., Nanded. The background is that the parties had arrived at a settlement, evidenced by a purshis (settlement document) dated 14/10/2009, which was placed on record before the Industrial Court. Despite this settlement being on record, the Industrial Court proceeded to pass an order on merits on 2/11/2009. The petitioner approached the High Court contending that the Industrial Court ought not to have passed the order on merits in light of the settlement. The respondent's counsel conceded that the settlement purshis was indeed signed and filed, but objected to any relief being granted. The High Court found it surprising that the Industrial Court passed the impugned order on merits despite the settlement. The court held that the impugned order deserves to be set aside and accordingly set it aside. The petitions were disposed of in terms of the settlement, with rule made absolute accordingly.
Headnote
A) Industrial Law - Settlement - Binding Effect - Industrial Disputes Act, 1947 - Settlement purshis dated 14/10/2009 was on record before the Industrial Court, Jalna, yet the Court passed an order on merits on 2/11/2009 - Held that the impugned order deserves to be set aside as the parties had already settled the matter (Paras 3-4).
Issue of Consideration
Whether the Industrial Court could pass an order on merits when a settlement purshis was already on record.
Final Decision
The impugned order dated 2/11/2009 passed by the Industrial Court, Jalna is set aside. The petitions are disposed of in terms of the settlement. Rule made absolute.
Law Points
- Settlement purshis
- compromise
- binding nature of settlement
- Industrial Court
- setting aside order on merits
