SHARAMIK UTKASRSHA SABHA Vs. AFCONS INFRASTRUCTURE LTD

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Respondents waive service. Taken up for final hearing by consent.

(2.) What is under challenge in this Writ Petition filed by Shramik Utkarsha Sabha is the interim order dated 8th March 2000, passed by the Industrial Court, Mumbai in Complaint (ULP) No. 73 of 1999 filed by the original Complainant M/s. Afcons Infrastructures Ltd., who are Respondent no. 1 in the present petition. By this impugned order, copy of which is annexed as Exh. I to the present petition, the Industrial Court allowed the application of the Complainant Respondent no. 1 herein and inter alia directed the Investigating Officer of the Court to hold secret ballot of the site workers of the complainant company on the question referred to in the order within three weeks from the date of the impugned order. It also further ordered that the union, which secured majority in the secret ballot, would be entitled to negotiate and sign the settlement with the complainant-company. It accordingly directed the Inspecting Officer to take steps with intimation to the parties and submit his report accordingly.

(3.) The Petitioner union is aggrieved by this order. Mr. Palshikar appearing for the Petitioner submitted that resorting to the system of secret ballot, was not envisaged by the Maharashtra Recognition of Trade Union and Prevention of Unfair Labour Practice Act, 1971 ("M.R.T.U. & P.U.L.P. Act, 1971", for short). On the other hand, Mr. Rele, the learned Advocate appearing for Respondent no.1 company, so also Mr. K.K. Singhvi, the learned Advocate appearing for Respondent no.2 union, namely, United Labour Union, vehemently argued that the secret ballot system was the only fair method for the purposes of ascertaining the correct number of members affiliated to the respective unions and that this was the fair method in the Industrial democracy for enabling the company to come to the conclusion as to with whom negotiation has to be made and for the purposes of determining as to who are the sole bargaining agents.