DECISION This is a reference under section 50 of the I. R. O. The clauses of Settlement sought to have been interpreted read as under :-- "(1) That para. 3 under the heading 'Additional Points' contemplates all workmen who are in the scale of Rs. 350--35--490/50--790 and above to be treated as employer and part of the Management. (2) Last but one paragraph of the agreement contemplates that the aforesaid agreement shall be binding not only to the signatories of the agreement but to the Collective Bargaining Agent which means that it will be binding even against those persons who are not signatories to the agreement."
2. In my view the reference is misconceived. The questions involved in the aforesaid clauses of the Settlement, in fact, are questions of fact and law and can be decided in a different forum and not under section 50 of I. R.
Q. If a person is a 'workman' as provided by I. R. O. he cannot be excluded from that category on the mere admission of another person. It is, therefore, a question of law to be decided on the basis of the evidence which may be led. Similarly it is also a question of fact and law whether persons who had entered into the agreement had the authority to bind all the workmen and what is effect of that agreement. The applicants are advised to seek the remedy in a proper forum as permitted by law.
3. For the aforesaid reasons the reference is dismissed.