KAMGARANCHAO EKVOTT Vs. MUMBAI MAZDOOR SABHA

JUDGEMENT

(1.) THIS appeal is filed against a judgment and order dated April 26, 2002 of the learned single judge of the High Court of Judicature, Bombay at Goa Bench in Writ Petition No. 332 of 2001.

(2.) BEFORE we deal with the contentions raised by the parties and the decision of the learned single Judge, few relevant facts may be stated.

(3.) IT is the case of the appellant that the workmen of the erstwhile Hindustan ciba-Geigy Ltd. demerged into Syngenta India ltd. and Ciba Speciality Chemicals India Ltd. (respondent Nos. 2 and 3 respectively), submitted a Charter of Demands on May 11, 1993 through Mumbai Mazdoor Sabha, respondent No. 1 herein. The Commissioner of labour called the parties to get the matter settled. Since, however, no settlement could be arrived at, he submitted a Failure Report in july, 1995 to the Appropriate Government. By an order dated August 23, 1995, the appropriate Government (Government of Goa)was pleased to refer the dispute for adjudication to the Industrial Tribunal, Goa at Panaji which was registered as Reference IT No. 38 of 1995. It was the case of the appellant union that several employees of respondent No. 1 union resigned from the first respondent union and joined the appellant union. They also withdrew the authority given to respondent No. 1 to represent them in industrial dispute pending before the industrial Tribunal, Goa. The appellant union, therefore, made an application on September 11, 2000 (Exhibit 37), to the Tribunal making a prayer that it may be joined as party to the reference. Another application was also made by the appellant union on September 29, 2000, for the similar relief (Exhibit 40 ). It was stated in the applications that employees of respondent Nos. 2 and 3, who were members of respondent No. 1 union had joined appellant union and hence the appellant union should be joined as party respondent in the industrial dispute.