State of Madhya Pradesh and another v. Bhailala Bhai reported in AIR 1964 SC 1006
M/s Tilokchand Motichand and others v. H.B. Munshi, Commissioner of Sales Tax, Bombay and another, reported in AIR 1970 SC 898
have no manner of application to the facts of the case.
Hence, in my opinion, this writ application is not barred by delay. No authority is needed to say that a fundamental right cannot be waived by an individual. Neither can any statutory right be waived, normally. I would like to put it in this way that rights under the Trade Unions Act, 1926 cannot be waived by an Association on behalf of its members. Hence, the argument regarding waiver and acquiescence fails. Furthermore, this agreement is palpably unfair because it tends to bind the members of the Association, at successive points of time, to this agreement entered into on 24th April, 2009. This kind of an agreement, to be fair and to pass the test of arbitrariness and reasonableness, must be of specific duration, to be renewed or novated from time to time. This agreement entered into by six members of the Association in dubious circumstances, cannot bind all the members of the Association for an infinite period of time. For those reasons, even if the rest of the agreement is sustained by this court, it has to be superseded by a fresh agreement within six months from date. Otherwise the said agreement will automatically stand terminated by operation of this order. I order accordingly. Clauses 4,11,13,16 and 18 of the agreement dated 24th April, 2009 are struck down as unconstitutional and illegal.
This writ application is allowed to the above extent.
Certified photocopy of this Judgment and order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(I.P. MUKERJI, J.)
Learned counsel for the respondent Corporation prays for stay of operation of this judgement and order. Since certain clauses of the agreement have been held to be void and the Corporation has been directed to enter into a fresh agreement in the near future, there is no question of any stay. The prayer for stay is refused.
(I.P. MUKERJI, J.)