BEST WORKERS UNION Vs. BEST UNDERTAKING

JUDGEMENT

(1.) Both the writ petitions challenge the same Judgment and Order and, therefore, are being decided by this common Judgment. For the sake of convenience, Writ Petition No.1457 of 2015 is treated as lead petition, and the facts of the said petition are taken as the basis for narration.

(2.) The petitioner in Writ Petition No.1457 of 2025-Union, being aggrieved by the impugned order dtd. 27/1/2015 passed by the Industrial Court, has instituted the present writ petition, calling in question the legality and propriety of the said order, whereby an unrecognised Union has been permitted to prosecute a dispute of a collective nature.

(3.) Relevant facts narrated by the petitioner are as under. The petitioner is the BEST Workers Union. It is a trade union duly registered under the Trade Unions Act, 1926. The petitioner Union is also recognised and registered as the Representative and Approved Union for the Transport Industry and the Common Administration Departments of the BEST Undertaking, which is respondent No. 1. Respondent No. 1 is the Brihanmumbai Electric Supply and Transport Undertaking. Respondent No. 2 is a trade union known as BEST Jagrut Kamgar Sanghatana. The petitioner Union states that it is the recognised Representative and Approved Union under the provisions of the Mahahrashtra Industrial Relations Act, 1946, for the Transport Industry and Common Administration Departments of respondent No.1. By virtue of such recognition, the petitioner Union is the sole bargaining agent entitled to represent employees in all industrial matters of a general nature. Sec. 27A of the Maharashtra Industrial Relations Act, 1946 ("MIR Act") provides that, save as provided under Ss. 32, 33 and 33A, no employee shall be permitted to appear or act in any proceedings under the Act, except through the representative of employees. Sec. 30 of the MIR Act further provides that, subject to Sec. 33A, a Representative Union shall have first preference to appear or act as the representative of employees in an industry within a local area.