MAHARASHTRA GENERAL KAMGAR UNION Vs. PIX TRANSMISSION LTD

JUDGEMENT

(1.) THE present petition is directed against the judgment and order of the learned single Judge dated 20-10-2003. By the said order, the learned single Judge has dismissed the petition preferred by the appellant. Some of the material facts of the present case are briefly stated as under:

(2.) THE respondent No. 1 is carrying on business of manufacture of rubber belts. The appellant is a Union representing the workmen working in the said respondent-establishment. The appellant is a registered union. There are two other Unions in the said establishment of which one Nagpur Kamgar Union is a recognised union in accordance with the provisions of the Trade Unions Act.

(3.) ON or about 29th November, 1993 a settlement was arrived at by the respondent-Company with recognised union - Nagpur Kamgar Union (hereinafter referred as 'ngu' ). The appellant was not invited for negotiations and settlement which was arrived at by and between the respondent No. 1 and the said 'ngu'. Accordingly, appellant filed a complaint being Complaint (ULP)No. 74/1994, alleging discriminatory treatment to the members of the appellant-Union. On expiry of settlement dated 29th November, 1993, a fresh charter of demand was submitted to the respondent-Company. However, since the appellant-Union was not invited for negotiations in the charter of demand, the respondent filed a complaint being Complaint (ULP) No. 1104/1996 in the industrial Court inter alia for interim relief that they should be invited by the respondent-Company for participating in the said settlement process in respect of charter of demand submitted by them. The negotiations were not fructified and, therefore, settlement was not arrived at. Thus the matter was proceeded with for conciliation before the Conciliation Officer. Even before the Conciliation officer, the matter was not settled and he filed failure report and the matter was thereafter referred to the Industrial Court.