LexM/S. SWADESHI COTTON MILLS CO., LTD., KANPUR versus RAJESHWAR PRASHAD AND ORS.
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2 S.C.R. SUPREME COURT REPORTS 359 M/S. SWADESHI COTTON MILLS CO., LTD., KANPUR v. RA.JESHW AR PRASHAD AND ORS. I (P. B. GAJENDRAGADKAR, A. K~ SARKAR and K. N. WANCHOO, JJ.) Ind11strial Disp11te-Compromise during pendency of appeal- Validity-Procedure--The U. P. Ind1tstl'ial Disputes Act, I947 (U. P. XXV II I of Ig47), ss. 6-c, z(t)-U. P. Industrial Disputes Rides, Ig57, r. 5(I)-Payment of Wages Act, Ig36 (Act 4 of I93fi), s. 23. While this appeal by special leave, relating to an industrial rlispute was pending in this Court a Director of the appellant employer and a representative of the respondents' employees made an application to the Court praying that an order might be passed in terms of a compromise since an agreement was alleged to have been entered into by the appellants and the respondents. Some of the respondents contested this compromise and the court sent issues to the Tribunal for finding whether the alleged com- promise actually took place between the parties, and if so, was it valid. The Tribunal returned findings to the effect that the compromise did actually take place and was valid. Those findings were contested in the appeal. Held, that a compromise agreement seeking to settle an industrial dispute which was still pending decision in this Court would not contravene the provisions of s. 23 of the Payment of Wages Act which contemplated rights not likely to be modified or reversed in any judicial proceedings. The procedure prescribed by s. 6-C of the U. P. Industrial Disputes Act and the provisions thereof did not affect the powers of this Court, or the competence of the parties, to amicably settle a dispute pending before it. The procedure for obtaining an order in terms of the com- promise entered into between the parties pending the appeal in this Court is prescribed by its own rules and the provisions of s. 2(t) of the U. P. Industrial Disputes Act and rule 5(1) of the Rules made thereunder have no application to such case. CIVIL APPELLATE JURISDICTION: Civil Appeal No. 53 of 1958. Appeal by special leave from the Decision dated February 28, 1957, of the Labour Appellate Tribunal, Bombay, in. Appeal No. III-160 of 1956. S. P. Varma, for the appellants. Nove,.,ber r4. M fs. Swadeshi 360 SUPREME COURT R.EPORTS [1961] L. K. Jha, Janardan Sharma, R. 0. Prasad and Maqbool Ahmad Khan, for the respondents. Cotton Mills Co., 1960. November 14. The Judgment of the Court Ltd., Kanpur was delivered by v. Rajeshwa• GAJENDBAGADKAR, J.-This appeal by special P1ashad &- Othm leave arises from an industrial dispute between the G . d-dk 1 appellant Messrs. Swa.deshi Cotton Mills and the res- •J•n raga a• . d . l d h h l' . pon ents, its emp oyees, an t e s ort pre 1mma.ry question which is raised for our decision is whether an order should not be passed in this appeal in terms of the compromise agreement alleged to have been reached between the appellant and the respondents. It appears that on December 28, 1955, an industrial dispute between the parties was referred by the Government of Uttar Pradesh to the Industrial Tribu- nal, U. P., Allahabad, for adjudication under ss. 3, 4 and 8 of the U. P. Industrial Disputes Act, 1947 (U.P. Act XXVIII of 1947) and in pursuance of the provi- • sions of cl. 11 of G. 0. No. U-464(LL)/XXXVl-B-257 (LL)/1954 issued on July 14, 1954. The dispute thus re- ferred was whether the existing rates of wages of job- bers mentioned in the annexure employed in the weav- ing department of the appellant need any revision; if so, with what details and from what date ? The Tribu- nal tried this issue and came to the conclusion that no case for revision had been made out by the respon- dents. Against this decision of the Tribunal the res- pondents preferred an appeal before the Labour Appellate Tribunal. Their appeal succeeded and the Appellate Tribunal directed that the award of the original Tribunal should be set a.side, and that the appellant " shall introduce from the date of reference a uniform rate of two annas in both the old and new sheds irrespective of the number of looms assigned to the line jobbers". It would be noticed that as a result of this decision the existing rates have been revised and the revision has been ordered to take effect retrospectively from the date of reference. It is against this decision of the Labour Appellate Tribunal that the appellant has preferred the present ap
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