BSES LIMITED Vs. BOMBAY ELECTIC WORKERS UNION

JUDGEMENT

(1.) HEARD Mr. J. P. Cama, the learned senior counsel for the appellant. Mr. A. V. Bukhari, the learned counsel for the respondents 1 and 2 and Mr. S. S. Naphade, the learned senior counsel for the respondents 3 to 6.

(2.) ADMIT. Heard finally.

(3.) WE shall refer the respondents 1 and 2 as the complainants, the present appellant as the employer and the respondents 3 to 6 as the rival union. In the complaint, the complainants complained of the unfair labour practices under item No. 5 of Schedule II and Item No. 9 of schedule IV of the Act of 1971 allegedly committed by the employer in entering into the settlement with the rival Union and they prayed that the said settlement be declared as illegal and the employer and the rival Union be restrained by an order or injunction from giving effect to and/or implementing in any manner the said settlement. The complainants moved an application for interim relief and prayed for, inter alia, restraint order against the Registrar appointed under the Bombay Industrial relations Act, 1946 from registering the settlement entered between the employer and the rival Union and injuncting them from giving effect to or implementing the said settlement.