Heard Mr.H.S.Munshaw, learned advocate for the petitioner. It is submitted by him that the impugned order dated 23.03.2012, referring the matter under Section 10A of the Industrial Disputes Act, 1947 ("the Act" for short) is not a speaking one. It is further submitted that the Assistant Deputy Labour Commissioner ought to have considered that there was a `Settlement' as defined under Section 2(p) of the Act between the petitioner and the respondent-workman. It is further contended that the respondent-workman, instead of raising a Demand, could have invoked the provisions of Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
In support of the above submissions, reliance has been placed upon a judgment of the Supreme Court in National Engineering Industries Ltd. v. State of Rajasthan and others - AIR 2000 SC 469.
Issue Notice returnable on 29.08.2012.
(Smt.
Abhilasha Kumari, J.) (sunil)