KAILASH POLY INDUSTRIES Vs. RASHTIYA POLYMERS KAMGAR SANGH

JUDGEMENT

(1.) By this writ petition, the petitioner has challenged impugned order dated 03/12/2014, passed by the Industrial Court at Nagpur, whereby an application at Exh. U-3 filed by the respondent was allowed and impugned order dated 19/04/2017, is also challenged, whereby Review Application filed by the petitioner at Exh. C-12, seeking stay order in respect of three employees was rejected.

(2.) The petitioner filed Complaint ULP No.193/2014, before the Industrial Court, claiming that respondent - Union had indulged in unfair labour practice under Item Nos. 1, 2 and 5 Schedule III of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (M.R.T.U. & P.U.L.P. Act), as according to the petitioner, respondent - Union was illegally instigating the workmen of the petitioner - industry to indulge in strikes. In the said Complaint, the respondent - Union moved an application Exh. U-3, seeking a direction to the petitioner to allow 13 employees to join their duties. The said application was allowed, primarily on the basis of a list of workers prepared by the Government Labour Officer.

(3.) The petitioner filed a Review Application before the Industrial Court, as it was aggrieved by the impugned order dated 03/12/2014, to the extent that according to the petitioner, three employees at Sr. Nos. 5, 7 and 8 of the aforesaid list did not deserve the relief of joining duties, because their services already stood terminated on 31/10/2014. According to the petitioner, they were no longer required in employment due to lack of availability of work and, therefore, the said three persons did not deserve a direction in their favour as granted by the Industrial Court and to that extent it was prayed that the Review Application deserved to be allowed.