Full Judgment Text
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CASE NO.:
Appeal (civil) 4256 of 2006
PETITIONER:
VEGETABLE VITAMIN FOODS EMPLOYEES UNION
RESPONDENT:
SARVA SHRAMIK SANGH & ORS.
DATE OF JUDGMENT: 25/09/2006
BENCH:
Dr.AR.LAKSHMANAN & TARUN CHATTERJEE
JUDGMENT:
J U D G M E N T
(Arising out of SLP(C) No.5755/2006)
Dr.AR.LAKSHMANAN, J.
Leave granted.
Heard learned counsel for both sides.
The above appeal is limited to the direction of the High Court in the
impugned judgment and order dt.23.12.2005 whereby the High Court
remanded application (MRTU) No.8 of 1998 to the Industrial Court,
Bombay for a fresh decision. It is submitted that as per Section 12 of the
Maharashtra Recognition of Trade Union & Prevention of Unfair Labour
Practices Act (MRTU Act) on receipt of an application from a Union for
recognition under Section 11 of the Industrial Court has to cause notice to
be displayed on the notice board of the undertaking the date on which it
intends to decide the said application. Under Clause (2), the Court can
hold an enquiry in the matter before deciding the application. Further
under Section 11 Clause (1) any Union when it makes the application
should have membership of not less than 30% of the total number of
employees, for the whole of the period of six calendar months
immediately preceding the calendar month of filing of application.
In the instant case, respondent No.1 (Sarva Shramik Sangh) has
filed an application No.8 of 1988 on 17.2.1988 for being granted
recognition. Similarly, the appellant herein (Vegetable Vitamin Foods
Employees Union) filed an application No.20 of 2003 on 10.10.2003 for
being granted recognition. Under the impugned direction read with
Section 11 of the MRTU Act, the Industrial Court, on remand, will have to
consider vis-a-vis the respondent No.1 whether it had more than 30% of
the employees as members in the six months immediately prior to
17.2.1988. In the case of the appellant’s application, it would have to
consider whether the appellant had more than 30% of the employees as
members in the six months immediately prior to 10.10.2003. This will
clearly create confusion in the matter, especially as the enquiry to be
conducted by the Industrial Court would be done in 2006 and not in 1988
or 2003.
We, therefore, modify the impugned judgment of the High Court as
under :-
"The direction of the High court in its impugned judgment and
order dated 23.12.2005 passed in Writ Petition No.2375 of 1993 is
modified to the extent that the Industrial Court will decide the
Application (MRTU) No.8 of 1988 filed by the Sarva Shramik
Sangh, respondent No.1 herein, as well as the Application (MRTU)
No.20 of 2003 filed by the Vegetable Vitamins Foods Employees
Union, petitioner herein, treating the two Application to have been
filed on 1.1.2006 and after conducting the investigations required
under Section 12 (2) read with Section 11 (1) of the MRTU Act for
the period of six months immediately preceding 1.1.2006 to
determine the membership of the Sarva Shramik Sangh as well as
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of the Vegetable Vitamins Foods Employees Union. The parties
are at liberty to amend their respective Applications if so required.
With the above modification the Special Leave Petition is disposed
of."
Since the matter is pending for very long time, we direct the
Industrial Court, Bombay to dispose of both the Application Nos.8 of 1988
and 20 of 2003 within three months from today. The appeal stands
disposed of accordingly. There shall be no order as to costs.
The Registry is directed to send a copy of this Judgment to the
Industrial Court, Bombay immediately for information and necessary
action.