BOMBAY LABOUR UNION Vs. HAULAGE CORPORATION

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution takes exception to a declaration holding the workers owing allegiance to the petitioner guilty of having commenced and continued an illegal strike from 13-7-1982 till 13-9-1982 (both days inclusive), constituting an unfair labour practice within the meaning of section 24 (1) of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (PULP Act. ).

(2.) THE first respondent was in the transport business and had a work force consisting of amongst others Drivers and Cleaners. Some or possibly the majority of employees, working with respondent 1 joined the petitioner Union and that is how the said Union became a force to reckon with in the affairs of respondent No. 1 Prior to the supremacy attained by the petitioner the workers of respondent No. 1 were affiliated to another Trade Union known as All India Transport Kamgar Union. This Union had raised a charter of demands and the same constituted the subject of a reference made under section 10 of the Industrial Disputes Act, 1947 (ID Act ). The award in that reference was pronounced on 15-7-1982 and attained efficacy by virtue of publication in the gazette on 17-8-1982. The petitioner Unions submitted a charter of demands on April 5, 1982. In this charter, there were near about 17 demands. In the months of May, June and July a certain number of workmen were suspended by the first respondent on various accusations. The General Secretary of the petitioner Union addressed communications calling upon first respondent to set a aside the suspension and direct re-instatement that unless the suspended employees were restored to their original position, the work force in the establishment would be going on an indefinite strike. As from July 13, 1982 the threat was implemented and respondent 1 had to do without a work force to do its bidding. On August 13, 1982 a notice of strike as required by section 24 (1) of the PULP Act was given and served the same day upon the first respondent. The notice was accompanied by a statement of reasons. Shortly stated, the letter was a reiteration of the allegation that services of certain persons had been wrongfully terminated and that they be re-instated forthwith and paid their wages with retrospective effect i. e. from the date of their wrongful termination. The first respondent went to the Court presided over by the second respondent vide an application the copy whereof is at Ex. K. The material recital from this application is to be found in para 9 and the relief claimed was a declaration that the strike resorted to by the workers was illegal and violative of the provisions of the PULP Act. In its reply, the petitioner Union took various defence, one of them being that the strike had nothing to do with charter of demands dated 5-4-1982. Some witness were examined and the second respondent held in favour of the first respondent. Within 48 hours of the pronouncement of the impugned order on 3-12-1983 the petitioner intimated the first respondent of the readiness of its workers to resume work, though this was to be without prejudice to its contention that the strike declared to be illegal, was, in fact not so vitiated.

(3.) PETITIONER contends that the second respondent was in error in holding that the strike was illegal. At the most, the illegality would taint the strike as from 13-7-1982 to 27-8-1982. For the remaining period the requirements of the law in respect of notice had been complied with and in support of this contention learned Counsel representing petitioner relies upon the corolly flowing from (The Premier Automobiles Ltd. and others v. G. R. Sapre and others) 1981 Lab. I. C. 221. What figured in that case was the legality or otherwise of a lock-out. That there is an identical formulation in respect of the provisions dealing with an illegal lock-out and illegal strike, is clear from sub-section (1) (a) and (2) (a) of section 24 of the PULP Act. For a ready reference the two are set out below :---