KAMGAR UTKARSHA SABHA Vs. BHARTIYA KAMGAR KARMACHARI MAHASANGH

JUDGEMENT

(1.) This petition challenges an order dated 22nd november, 2000 of the Industrial Court thane in Application (MRTU) No. 4 of 2000 passed on an application under Section 14 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices act, 1971 (hereinafter referred to as "the act"). The Industrial Court framed a preliminary issue regarding the maintainability of the application filed by the Applicant Union i. e. Respondent No. 1 herein against the nonapplicant Union i. e. the Petitioner Union herein. The Industrial Court found that the application was maintainable. The contention of the Petitioner, that once an application filed under Section 14 was disposed of for any reason whatsoever, the Industrial Court could not entertain fresh application made by that union for recognition in place of the already recognised Union, unless a period of one year had elapsed since the disposal of the previous application of that Union, was rejected.

(2.) The Petition has arisen in the following manner :- the Petitioner is a Trade Union recognised under the Act for the undertaking of Respondent No. 2. It obtained recognition in the year 1997. Respondent No. 1, another trade Union functioning in Respondent No. 2, filed an application under Section 14 of the act, being Application (MRTU) No. 4 of 1999, for de-recognition of the Petitioner Union and for recognition in its place, within two years of the Petitioner Union being recognised. A preliminary objection was raised by the petitioner Union to the maintainability of the application since under Section 14 an application for de-recognition of a Union and recognition in place of the earlier Union cannot be filed within a period of two years after the non-applicant Union is granted recognition. On 25th April, 2000, this application was disposed of for non-prosecution on the respondent No. l Union filing a purshis to withdraw the application filed by it under section 14 of the Act.

(3.) A fresh application being application (MRTU) No. 4 of 2000, was filed by Respondent No. 1 Union under Section 14 of the Act. The Petitioner Union raised an objection to the maintainability of this application by contending that the earlier application had been disposed of for non- prosecution on 25th April, 2000 and immediately on the next day Respondent No. 1 had filed the fresh application under Section 14 of the Act. According to the Petitioner union, such an application could be filed only after one year of the earlier application being disposed of.