NASHIK WORKERS UNION Vs. HINDUSTAN AERONAUTICS LIMITED

JUDGEMENT

(1.) The present appeals are directed against the judgment and order dated 25.06.2009 passed by the High Court of Judicature at Bombay in Letters Patent Appeal No. 84 of 2006 whereby the Division Bench has invalidated the order of the learned single Judge rendered in Writ Petition No. 3562 of 1997 expressing the view that the State Government is the appropriate Government in relation to the respondent-Company for the purpose of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (for short, "the 1971 Act").

(2.) The facts which are essential to be stated for adjudication of these appeals are that the appellant, Nashik Workers Union, filed a complaint under the 1971 Act being Complaint (ULP) No. 35 of 1990 for reinstatement of the trainees with continuity of services and back wages. During the pendency of the first complaint, as further employees were relieved, another complaint being Complaint (ULP) No. 36 of 1990 was filed. With the passage of time, two other complaints forming the subject matter of Complaint (ULP) Nos. 44 of 1990 and 45 of 1990 also came to be registered before the Presiding Officer-Judge, Labour Court, Nasik. The Labour Court appreciated the material brought on record, declared that the employer had engaged in unfair labour practices in terminating the services of the employees and, accordingly, directed for reinstatement of the employees with continuity of service and full back wages from the date of termination till reinstatement. The said order was to be complied with within one month from the date of the order, that is, 08.08.1994.

(3.) The aforesaid order passed by the Labour Court came to be assailed in Revision Application (ULP) Nos. 140 of 1994 and 28-30 of 1995 before the Industrial Court. The Industrial Court, Maharashtra at Thane affirmed the order passed by the Labour Court and dismissed the revision applications vide order dated 8th July, 1997.