MAHARASHTRA GENERAL KAMGAR UNION Vs. MAZDOOR CONGRESS

JUDGEMENT

(1.) This appeal involves the legality and the correctness of certain orders that have been passed by the Industrial Court in a proceeding under section 13 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as "the Act of 1971")

(2.) To understand the controversy between the parties, it would be convenient to give the details of the proceedings that are pending under the Act of 1971 and the grounds on which those proceedings have been filed. The Act of 1971 has made provisions for the recognition of trade unions, the cancellation of such recognition etc. Under section 11, any union can make an application for its recognition if that union has for the whole of the period of six calendar months immediately preceding the calendar month in which the application is made, a membership of not less than thirty per cent of the total number of employees employed in any undertaking. The said application is inquired into under section 12 and for deciding this appeal, it is not necessary to state as to what other conditions the union is required to fulfil before getting recognition. Respondent No. 4 is an undertaking in whose employment there are at present 1025 employees. Respondent No. 1. namely, the Mazdoor Congress applied for such recognition as an union for respondent No. 4 under section 1 and the Industrial Court after making the necessary enquiry granted that recognition in favour of respondent No. 1. The appellant Maharashtra General Kamgar Union (hereinafter referred to as "Maharashtra Union") made an application to the Industrial Court for cancellation of the recognition of the Mazdoor Congress. Such cancellation is permissible under section 13 and it would be convenient to reproduce the relevant part of that section. If reads as follows :---

(3.) In this proceeding the Maharashtra Union filed two applications. The first application was for interim injunction that pending the hearing and final disposal of the main application, the Mazdoor Congress be restrained from negotiating, discussing or setting any dispute whatsoever on behalf of the employees of respondent No. 4 Company. This application was filed on 27th July, 1981, that is the date on which the main application was filed. The Mazdoor Congress opposed the grant of such relief. However, the Industrial Court by its order dated 16th October, 1981 passed by its interim injunction as prayed for by the Maharashtra Union. It is needless to say that under section 30(2) of the Act of 1971 such interim orders are permissible.