Narendra 14 April 2017

Rarest of rare case in history

Sir, Is it a binding effect on a member/ non member in which a trade union registered under the Trade Union Act,1926 but not recognized by the Employer reached in to a settlement (under Industrial Dispute Act , 1947 ) without counselling( even his lawyer not consulted him )its suffered member/non member ( an individual persons case )who is completely ignorant about the settlement .It is also mentionable here the suffered workman him self go to trade union for his Industrial dispute but union cheated him and arrived in a unlawful settlement with rival and submit the settlement before the H.C.(D.B.) and court passed a unlawful award according to submitted memorandum of settlement .In this situation what is the best remedies. Also provide any previous judgment in this Regard. Regards Narendra

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4 Replies

Samarpan (M)99958670740 (Free legal advice and legal aid cell) 14 April 2017

A settlement without the consent of the aggrieved workman is illegal and non-binding on the workman. But the workman must show on the basis of the record that settlement deed does not have his signature or it has been obtained by fraud. If it happened before the Division Bench of HC, he has to move appropriate application before that court.

Narendra 14 April 2017

Mr.Samarpam , I am confirmed that I not to sign.even on a single paper . Is it possible a executive of union sign.on behalf of me or they use the consent which I give 2 years before at the time of filing the case before the court but I am surprised how the court passed the award without thinking about it ? It is mentionable here the Labour court passed the award in fever of me with top merits and H.C.(S.B.) dismissed opponents writ . Is a review petition is better solution ?

Samarpan (M)99958670740 (Free legal advice and legal aid cell) 14 April 2017

You have been sufficiently advised in your other post. You should have not posted this post.

Narendra 14 April 2017

Yes I am agree with you but at the time of my previous post I didn't know about the involvement of union with lawyer so this is the reason I posted here it again. Please give me a final advise what I have to do how whould I put the matter before the court in these above said circumstances? I am very thankful to you