BHOR INDUSTRIES LIMITED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner is engaged in the business of manufacturing coated fabrics and employs about 450 persons. In a complaint, being ULP Complaint No. 651 of 1990 filed before the Industrial Court, the petitioner made a grievance of a consistent course of conduct alleged to have been resorted to by the recognized union of the employees for obstructing the normal functioning of the work of the company. The complaint made reference to various incidents which were alleged to have taken place, and among them, were the following :---

(2.) BY an order dated 18-1-1999 the Industrial Court held that the complainant company had made out a strong prima facie case of an unfair labour practice, attracting item 5 of Schedule III of the M. R. T. U and P. U. L. P. Act, 1971. After hearing Counsel for the company as well as the union, the Industrial Court granted relief in the following terms : the respondent union its members sympathises colleagues and associates are restrained from obstructing the movement of the men, material, machinery and transport, shouting filthy slogans, obstructing the employees, officers, staff members outsiders from coming to the factory and going out. Instigating, abusing and encouraging coercive tactics like gheraoing, threatening, within 200 metres from the periphery of the complainant company at Bhor till the final disposal of the main complaint. "

(3.) THE petitioner contends that despite the order of the Industrial Court dated 18-1-1999 the union continued to obstruct the orderly functioning of the company. The company thereupon filed another complaint, being Complaint ULP No. 417 of 1997 in which the Industrial Court came to the conclusion that there was, prima facie, evidence to show that the union through its members engaged in coercive action which had affected normal production and work. By an order dated 7th December, 1999, the Industrial Court granted following relief :---