BESIL BARRATO Vs. INDIAN HOTEL COMPANY EMPLOYEES UNION

JUDGEMENT

(1.) Heard Mr. J.P. Cama, learned Senior Counsel for the petitioners, Mr. Shailesh Naidu, learned Counsel for respondent No. 1 and Mr. K.M. Naik, learned Senior Counsel for respondent Nos. 2 to 4 at length.

(2.) The Union instituted Complaint (ULP) No. 298/2012 before the Tribunal on or about 9.7.2012 under section 28(1) read with Items 3 and 5 of Schedule II and Item 9 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (for short, 'Act of 1971'). Pending the complaint, the Union filed application for interim relief under section 30(2) of the Act of 1971. Respondent No. 1-The Indian Hotel Company Ltd. (for short, 'Company') filed affidavit in reply of Shri Hemant A. Shinde, General Manager, H.R. Corporate dated 13.7.2012 opposing the interim relief application. By the judgment and order dated 13.7.2012, the Tribunal partly allowed the application and restrained the company from holding any negotiations with any individual, group of individuals or outsiders etc from discussing, negotiating with them on the issue of wage rise. The company was further restrained from holding any negotiations in respect of the wage rise or any settlement for that matter for the said purpose with the persons who are claiming to be duly elected office bearers of the recognized Union in the meeting allegedly held on 11.7.2012. The said order was to remain in force for a period of two months from the date of the order, i.e. 13.7.2012. The Tribunal also expected that in the meanwhile, the rival parties will resolve their dispute amicably among other directions.

(3.) The petitioners herein claiming to be accredited representatives and members of the Union and employed with the company (herein after referred to as the 'Accredited Representatives') made application at Exhibit-UA-3 on 20.7.2012 to implead them as party in the said complaint. The Accredited Representatives also on the same day, i.e. 20.7.2012, made application to the Registrar of the Trade Union, State of Maharashtra, Mumbai under section 28 of the Trade Unions Act, 1926 (for short, 'Act of 1926') read with Form 'K' for verification of the authenticity of the executive committee of the Union in terms of Annexure-1 dated 18.7.2012 to the said application.