MACHINDRA RAMBHAO CHAVAN Vs. AHMEDNAGAR FORGING LTD

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) AN order passed by the Taxing Officer directing recovery of Rs. 69,250/-as deficit court fees has been challenged by the present application. In the instant petition there are 278 petitioners, petitioner Nos. 1 to 277 are the workmen employed in M/s. Ahmednagar Forging Ltd. , a registered Company, whereas petitioner No. 278 is a registered Trade Union. The respondent No. 1 is a Company engaged in manufacturing of engineering goods and the respondent No. 2 is a recognised Union. A complaint came to be filed by the present petitioners alleging indulgence by the respondents, in unfair labour practices under the maharashtra Recognition of Trade Unions and Prevention of Unfair Labour practices Act. In the said complaint, the respondentno. 1 moved an application and contended that the complaint is not maintainable as there is a challenge to the settlement. The Industrial Court accepted the preliminary objection raised by the respondent No. 1 and as such dismissed the complaint. Dissatisfied with the order passed by the Industrial Court dismissing the complaint, the present petition is filed by 278 petitioners. It is material to note that only one complaint was filed before the Industrial Court by the present petitioners. There is only one proceeding filed before the Industrial Court which gave rise to a single petition filed before this Court. In the petition so filed, court fee of Rs. 250/-came to be paid. The Registry raised an objection in regard to the amount of court fees and as the petitioners disputed the office objection, the dispute came to be referred to the Taxing Officer to determine the objection in regard to the court fees. The present application is moved under Chapter V rule 4 (v) of the high Court Appellate Side Rules.

(3.) IT is not in dispute that the petition in question is covered by the provisions contained in Schedule II of the Bombay Court Fees Act, 1959. Schedule II deals with fixed fees and Entry 1 in the said Schedule is in relation to the application or petition. Entry 1 (f) provides thus :