Case Law Details
Laxman Vs State of Rajasthan (Rajasthan High Court)
The provisions of Rule 2(p), Rules 58 and 75 of the Rules, 1958 clearly reflect that for a settlement arrived at between the parties by mutual negotiations, the same has to be sent to the State Government, Labour Commissioner and the conciliation officer concerned.
The provisions are not without reason, inasmuch as on account of unequal bargaining power between the workmen and the management, in case a mutual settlement is arrived at the same becomes binding under the provisions of Section 18 (1) of the Act and, therefore, to ensure that the agreement arrived at is examined by the authority i.e. the Labour Commissioner and the conciliation officer, the same is required to be sent to them and entered in the register of settlement maintained by the conciliation officer.
There is no indication in the agreement and in the reply filed by the respondents that the agreement in question was ever sent to the Labour Commissioner, Rajasthan and/or to the conciliation officer and that the same is entered in the register maintained under Rule 75 of the Rules, 1958. In absence of compliance of provisions regarding sending a copy of the settlement to the concerned, the settlement arrived at between the employer and the workmen otherwise than in the course of conciliation proceedings cannot be said to be binding on the parties in terms of Section 18(1) of the Act, 1947.
FULL TEXT OF THE JUDGMENT/ORDER OF RAJASTHAN HIGH COURT
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