BHARAT FORGE LIMITED Vs. MAHARASHTRA GENERAL KAMGAR

JUDGEMENT

(1.) Rule. By consent, rule made returnable forthwith and heard finally.

(2.) The principal question which falls for consideration in this petition is whether a reference can be made by the appropriate Government at the instance of an unrecognized Union under Section 10(1) of the Industrial Disputes Act, 1947 ("I. D. Act" for short).

(3.) The Petitioner is a company incorporated under the Companies Act, 1956, having one of its factories at Mundhwa, Pune. It is engaged in the activity of manufacture of forgings and employs about 800 permanent workmen on its rolls in the said factory. The said workmen are stated to be members of Bharat Forge Sangh, which is the union duly recognized in respect of the petitioner company"s aforesaid factory (hereinafter referred to as "the recognized union"), under the provisions of the Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, 1971 (for short "MRTU & PULP Act). Respondent No.1Maharashtra General Kamgar Mahasangh is a Trade Union which is an unrecognized union (hereinafter referred as Respondent No.1union) which represents contract labour workmen, who are engaged in petitioner undertaking through various contractors under the provisions of the Contract Labour (Regulation and Abolition) Act, 1970 (for short "the Contract Labour Act"). Respondent No.2 is the Assistant Commissioner of Labour and Conciliation Officer who issued the impugned failure report dated 7th October, 2008 (Ex. "M" to the petition). Respondent No.3 is the Additional Commissioner of Labour, who passed the impugned order of reference dated 25th November, 2008 (Ex. "O" to the petition).