THOMSON PRESS KAMGAR SANGHATANA Vs. THOMSON PRESS LTD.

JUDGEMENT

(1.) THE petitioner is a Trade Union registered under the Trade Unions Act, 1926. It has filed the present Writ Petition against two orders passed by the Industrial Court, Thane; one on 21st June, 2010 in Complaint (ULP) No.148 of 2010 and the other on 9th July, 2010 in Complaint (ULP) No.174 of 2010, refusing to grant the Union any interim relief. For the purpose of convenience, the petitioner will be referred to as "the Union" and the respondents as "the Company".

(2.) A few facts leading to the aforesaid Complaints are as follows:

(3.) ON 1st June, 2010, the Union had filed a complaint in respect of unfair labour practices committed by the Company under Items 9 and 10 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, (for short "the MRTU & PULP Act"). That complaint was registered as Complaint (ULP) No.148 of 2010. It was pleaded therein inter alia that the workers were made to work overtime for at least four hours each day but were not paid in accordance with law and thus an unfair labour practice had been committed by the company under Item 9 of Schedule IV. It was also contended that the Company was removing the raw materials, semi finished goods, plant and machineries from the factory premises. The Union pleaded in the complaint that the Company was victimizing the workmen for having joined the Union and for having submitted a Charter of Demands The Union therefore sought an injunction against the Company from removing the raw materials, semi finished goods, plant and machineries from the factory premises.