LAWS(BOM)-2000-2-46

MAHARASHTRA GENERAL KAMGAR UNION Vs. EMPIRE INDUSTRIES LTD

Decided On February 15, 2000
MAHARASHTRA GENERAL KAMGAR UNION Appellant
V/S
EMPIRE INDUSTRIES LTD. Respondents

JUDGEMENT

(1.) PETITIONER No. 1 is a Trade Union which has filed a complaint before the Industrial Court, which complaint was numbered as Complaint No. 1384 of 1988. The petitioner Nos. 2 and 3 are two of the workers who were sought to be impleaded/added as complainants in the complaint. The application for addition of parties was by petitioner No. 1.

(2.) THE Industrial Court by Judgment dated April 18, 1995 dismissed the application for amendment below Exhibit U-27. The Complaint filed by the petitioner was also dismissed by judgment dated April 18, 1995 below Exh. C-43. Aggrieved by the said order the petitioners have approached this Court impugning the judgment dated April 18, 1995 passed in compliant No. 915 of 1988 as also in complaint No. 1384 of 1988.

(3.) INSOFAR as complaint No. 915 of 1988 is concerned the prayers sought were to hold and declare that the respondent No. 1 herein had engaged in unfair labour practice under Items 9 and 10 of Schedule IV of the M. R. T. U. and P. U. L. P. Act, 1971. The said complainant was based on certain events that took place between July 21, 1988 and August 1, 1988. The complainant alleged that they apprehended that the respondent No. 1 would close down their business without following the procedure prescribed under Section 25-O of the I. D. Act, 1947.