Koshi Project Workers Association And Ors. vs State Of Bihar And Ors.

1. A settlement was entered into between the appellants and the respondents in regard to the Water Resources Department on November 29, 1994 under which it is provided inter alia as follows: As per the registered Constitution of the unions, the transfer of the office bearers of the Central Executive Committee working in recognised Trade Unions of the Water Resources Department shall not be made without their consent during the period of holding post by them. The transfer of the office bearers under reference, which is contained in this dispute, shall be cancelled.

2. When the office bearers of the appellant Union, which is a recognised Union, were sought to be transferred a writ petition was filed before the High Court challenging the validity of the same. The learned single Judge dismissed the writ petition on the ground that the appropriate remedy to be followed by the appellants was to raise a dispute under Section 10 of the Industrial Disputes Act and not by way of a writ petition. When the matter was carried in appeal, the Division Bench also dismissed the same.

3. The contention on behalf of the appellant is that when a settlement has been reached between the parties and that settlement is binding upon the respondents driving the appellants to an industrial dispute will not be an appropriate course. We think there is force in this submission that when settlement has been arrived at under Section 18(3) of the Industrial Disputes Act, the settlement can be enforced and it is no necessary that its terms are to be enforced only by way of raising an industrial dispute. It could be even by way of a suit or writ petition, if the relief sought for is against an authority or any other remedy that may be permissible under law and not necessarily one under Section 10 of the Industrial Disputes Act.

4. In this view of the matter, the orders of the High Court cannot be sustained. The orders made by the learned single Judge and Division Bench are set aside; the writ petition filed by the appellants shall stand allowed by quashing the transfer orders to the extent not given effect to. In case of office bearers whose transfers are given effect to this order will not have effect. The appeal is allowed accordingly.