GENERAL SECRETARY K T KAMDAR UNION CHARAVADA Vs. PRASHANT MUKUNDRAY MEHTA C O KT MAJDOOR MAHAJAN SANGH

JUDGEMENT

(1.) Heard the learned advocates for the respective parties.

(2.) The brief facts of the present writ petition are that, the petitioner is General Secretary of K.T Kamdar Union, which is a registered Union under the provisions of Trade Unions Act, 1926 and its registration number is G-5732. On 21st July, 1998, the petitioner has applied for registration of his Union under the provisions of Section 13 (1), (2), (3) of the Bombay Industrial Relations Act, 1946 to the Assistant Registrar, respondent no. 2 herein. However, the said application for registration came to be rejected by the respondent no. 2 on 29.4.1999.

(3.) Being aggrieved and dissatisfied by the said order of rejection, the applicant preferred Special Civil Application No. 3749 of 1999 before this Court. The said Special Civil Application came to be allowed on 4.8.1999 by this Court [Coram : D.C Srivastava, J.] by directing the respondent no. 2 to grant necessary certificate to the petitioner within a period of three weeks from the date of said order. Thus, after passing of the aforementioned order, the respondent no. 2 registered the petitioner Union and has given certificate of registration thereof. Against the said registration of petitioner Union, the respondent no. 1 herein moved an Appeal under the provisions of Sec. 20 of the Bombay Industrial Relations Act before the Industrial Court at Rajkot. Thereafter, the Industrial Court, Rajkot has passed an ad-interim order dated 15th September, 1999 in Appeal No. (IC) 5 of 1999 granting ad-interim relief in favour of the respondent no. 1 Union. The petitioner Union thereafter filed Contempt Petition being Misc. Civil Application No. 2043 of 1999 in Special Civil Application No. 3749 of 1999 The said Contempt proceedings came to be decided by the Division Bench of this Court on 24th September, 1999. Thereafter, the Industrial Court has considered the appeal on merits and ultimately passed an order dated 17.1.2000 allowing the appeal of the respondent no. 1. The order passed by the respondent no. 2 on 21.8.1999 entering the petitioner Union as a `representative union' in cotton textile industry in the local area of Halvad taluka of Surendranagar District was thereby set-aside. The Registrar under the provisions of Bombay Industrial Relations Act was directed to examine and process the application of the respondent no. 1 herein [i.e., K.T Majdoor Mahajan Sangh] dated 11.11.1998 in accordance with law. Against the said order passed by the Industrial Court, Rajkot again the petitioner Union preferred Contempt Petition before this Court being Misc. Civil Application No. 338 of 2000 in Special Civil Application No. 3749 of 1999 which came to be decided by the Division Bench on 21.2.2000. In the said proceedings, the respondent no. 1 Union filed its Affidavit-in-Reply on 2nd April, 2000 producing therewith copy of the earlier two orders passed in the contempt proceedings. It is also pertinent to note that petitioner Union has also preferred Special Civil Application No. 10064 of 1999 challenging the ad-interim order passed by the Industrial Court in Appeal (IC) No. 5 of 1999 dated 15th September, 1999. In the said proceedings, this Court [Coram : M.C Patel, J.] on 16th December, 1999 directed the Industrial Court to hear and decide the interlocutory application in accordance with law within a period of one month from the date of communication of the said order.