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PETITIONER: STATE OF BIHAR
Vs.
RESPONDENT: KRIPA SHANKAR JAISWAL
DATE OF JUDGMENT: 14/10/1960
BENCH: KAPUR, J.L. BENCH: KAPUR, J.L. GAJENDRAGADKAR, P.B. SUBBARAO, K. WANCHOO, K.N.
CITATION: 1961 AIR 304 1961 SCR (2) 1
ACT: Industrial Dispute--Conciliation Proceedings--Unregistered Union--Settlement with--If binding on management--Industrial Disputes Act, 1947 (14 of 1947), ss. 11(2), 12(6), 18(3)(a) and (d).
HEADNOTE: A settlement was arrived at between the management of Mankatha Distillery and the workmen’s union before the con- ciliation officer. The Union was not registered under the Indian Trade Unions Act on the date of the said settlement. The terms of the settlement not having been carried out by the management the respondent, who was the proprietor, and the manager of the said distillery were prosecuted and were convicted by the Magistrate. The Sessions Court, on appeal by the respondent, confirmed the Magistrate’s order. On an appeal to the Patna High Court by the respondent the High Court set aside the order of conviction and acquitted the respondent holding that there was no recognised union and that because the conciliation officer had visited the Distillery without giving a reasonable notice, on 18-3-1954 there could be no agreement between the proprietor on one side and the workmen as a whole on the other on the date and it was ...