SHRAMIK UTKARSHA SABHA Vs. AFCONS INFRASTRUCTURE LIMITED

JUDGEMENT

(1.) WE have perused the record and heard mr. Cama, learned counsel for the appellant at great length.

(2.) THE order passed by the learned single judge, which affirms the order of the Industrial court, is generally correct except that the ascertainment of the union representing majority of the employees of the 1st Respondent shall be carried out in respect of all the existing sites. As a consequence of such ascertainment, the 1st respondent shall be free to negotiate with the union holding such majority membership amongst the employees in all the sites, and enter into a settlement with such union. Such settlement shall not be binding on the members of the other union who shall be free to raise an industrial dispute. The ascertainment of the majority of the membership shall be only for the purpose of disposal of the complaint before the industrial Court and, shall not, in any way, prejudice either the appellant or the 2nd respondent union in any application for recognition under Chapter III of the M. R. T. U. and P. U. L. P. Act, 1971. If and when such an application is made, it shall be decided strictly in accordance with the said Act.

(3.) SUBJECT to these observations, we do not think it necessary to admit this appeal, which is accordingly dismissed.