LAWS(BOM)-2002-11-60

ANCHOR INDUSTRIES EMPLOYEES UNION Vs. ANCHOR INDUSTRIES

Decided On November 01, 2002
ANCHOR INDUSTRIES EMPLOYEES UNION Appellant
V/S
ANCHOR INDUSTRIES Respondents

JUDGEMENT

(1.) BY this Petition filed by the Employees union, the Union is challenging an order dated 30/12/1995 passed by the Industrial court, Maharashtra, Mumbai, whereby the industrial Court has dismissed the complaint ulp No. 337 of 1980 filed under the maharashtra Recognition of Trade Unions and prevention of Unfair Labour Practices Act, 1971, (hereinafter referred to as MRTU and pulp Act ).

(2.) BY the aforesaid Complaint (ULP) No. 337 of 1980 the Petitioner Union had contended before the Industrial Court that the Respondent no. 1 Company had indulged in an illegal lock-out under the guise of closure whereby the respondent No. 1 Company had violated the provisions of Section 25-O of the Industrial disputes Act. In the aforesaid complaint, after: recording of evidence and after a full fledged hearing, the same ultimately came to be dismissed by the Industrial Court on 30/12/1995.

(3.) IT appears that on 3/01/1980 there was a strike in the establishment of Respondent nos. 1 to 27 protesting against the illegal discharge of certain employees. On 27/03/1980 in all the establishments of Respondent nos. 1 to 27 notices were put up mentioning that they were closing their establishments. Finally on 16/06/1980 a common settlement was entered into between the Petitioner Union and the Respondent Nos. 1 to 27 whereby the above establishments being the Respondent nos. 1 to 27 were restarted. After a lapse of about two months, on 23/08/1980 the petitioner Union had served a Charter of demands upon the Respondent Nos. 1 to 27. The Petitioner Union contends that in pursuance of the aforesaid Charter of demands, the Respondent Nos. 1 to 27 again closed down all their establishments on 3/12/1980. Aggrieved thereby the petitioner Union had filed a Complaint before the Industrial Court. The said complaint was dismissed by the Industrial Court on 15/03/1983. The Petitioner Union had challenged the said dismissal of the complaint before this court by filing a Writ Petition. Ultimately, this court by its order dated 6/11/1990 had allowed the Writ Petition and set aside the order of dismissal dated 15/03/1983 and had remanded back the said matter to the Industrial court to be heard afresh Pursuant thereto, fresh affidavits were filed by the Petitioner union and the Respondents. Various records and documents were also filed by both sides before the Industrial Court. It appears that on 29/06/1994 the petitioner Union had filed an application for production of certain documents. Since no decision was taken by the industrial Court in the said application, the petitioner Union had approached this Court, whereupon this Court had directed the industrial Court to decide the said application before 30/10/1995 and to decide the main complaint itself within a period of eight weeks from that day. In pursuance thereof, the industrial Court disposed of the said complaint (ULP) No. 337 of 1980 on 30/12/1995 whereby the Industrial Court has rejected the complaint filed by the Petitioner Union. Aggrieved thereby the present Petition has been filed by the Petitioner Union.