(1.) THESE three writ petitions under Articles 226 and 227 of the Constitution of India impugning the orders of the Labour Court under the provisions of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as the Act) raise identical issues of facts and law and, therefore, can be conveniently disposed of by a common judgment.
(2.) THERE are two important issues thrown up by these writ petitions and they are : (a) Whether a trade union registered under the Trade Unions Act is an industry within the meaning of section 2 (j) of the Industrial Disputes Act, 1947 and, (b) even if it is, whether an office bearer of a trade union doing work of trade unionist, properly so-called, would be a workman within the meaning of section 2 (s) of the Industrial Disputes Act, 1947.
(3.) PATANJALI says in his Mahabhashya : "dushtah Shabdah Swarato Varnato Vaa Mithyaa Prayukthah na tamarthammaaha". ("a word, wrong in accent or syllable, is falsely used and does not convey the (intended) meaning" ). The facts of this case exemplify this apophthegm and the extent to which the ratio dec. I. D. endi of a case is distorted by a Printers Devil.