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Eid Parry (India) Ltd. vs Labour Court, Guntur And Ors. on 19 July, 1991 cites

Herbertsons Limited vs Workmen Of Herbertsons Limited And Ors on 3 November, 1976

17. A settlement arrived at during the course of conciliation proceedings under the Act or an arbitration award in a case where a notification has been issued under sub-section (3-A) of Section 10-A or an award of a Labour Court, Tribunal or National Tribunal shall be binding on (a) all parties to the industrial dispute, (b) all other parties summoned to appear in the proceedings as parties to the dispute, unless the Board, Arbitrator, Labour Court, Tribunal or National Tribunal, as the case may be, records the opinion that they were so summoned without proper cause, (c) in case of employer, his heirs, successors or assign in respect of the establishment to which the dispute relates and (d) in the case of workmen, all persons who were employed in the establishment or part of the establishment, as the case may be, to which the dispute relates on the date of the dispute and all persons who subsequently become employed in the establishment or part. But if the settlement is arrived at between the employer and the workmen otherwise than in the course of conciliation proceedings with which we are concerned in this case, it shall be binding on the parties to the settlement. The phrase "Parties to the settlement" includes both the employer and an individual employee or the Union representing the employees. If the settlement is between and employee and the employer it would be binding on that particular employee and the employer; if it is between a recognised union of the employees and the employer, it will bind all the members of the union and the employer. That it would be binding on all the members of the union is necessary corollary of collective bargaining in the absence of allegation of mala fide or fraud. (see Herbertsons Ltd. vs. Workmen) (AIR) 1977 SC 322. Merely because an individual employee or some of the employees do not agree to the terms of the settlement entered into between a recognised Union and the employer, he/they cannot be permitted to contend that it is not binding on him/them. Therefore, the settlement dated March 28, 1985 is binding on the respondents-employees.
Supreme Court of India Cites 5 - Cited by 123 - P K Goswami - Full Document
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