TEXTILE KAMGAR SANGHATANA Vs. HONBLE MEMBER

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally with the consent of learned counsel for the parties.

(2.) The challenge in the present Writ Petition is to the order dated 19.07.2013 passed below Exhs. 14, 17 and 20 in Reference (BIR) No. 5 of 2012 whereby all the aforesaid applications have been rejected.

(3.) The respondent no.2 is an Industry wherein its employees have formed petitioner No. 1Trade Union registered under the provisions of Trade Union Act, 1926. The service conditions of the employees of the respondent no. 2Industry are governed by various agreements/settlements between the Industry and elected representatives of the employees. An earlier agreement dated 07.07.2009 was for the period from 01.11.2008 to 31.10.2011. After expiry of aforesaid agreement, in absence of any representative union, four elected representatives gave fresh charter of demands in terms of provisions of Section 42(2) of the Bombay Industrial Relations Act, 1946 (for short the said Act). As there was no agreement between the four elected representatives i. e. respondents 3(A) to 3(D) and the respondent no.2 Industry, notice in FormN under Section 45 of the said Act was given on 01.01.2012. Thereafter, conciliation proceedings were initiated in which the Joint Committee for agreement intended to participate. On the same being objected by respondent no.2 and respondent nos. 3(A) to 3(D), the Conciliation Officer did not permit participation of the said Joint Committee.