LAWS(BOM)-1985-1-7

KIRLOSKAR OIL ENGINES LTD Vs. V B DHARURKAR

Decided On January 30, 1985
KIRLOSKAR OIL ENGINES LTD. Appellant
V/S
V.B.DHARURKAR Respondents

JUDGEMENT

(1.) The petitioner is a company incorporated under the Indian Companies Act and having a factory at Pune. The first respondent is a Member of the Industrial Court who has passed the impugned order. The second and the third respondents are two registered trade unions. All the material which is on record shows that the third respondent is a union, being in existence for over at least a decade, whereas the second respondent-union is organising the workmen of the petitioner company newly in the area.

(2.) The second respondent-union filed a complaint, being (ULP) No. 611 of 1983 under the provisions of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, charging the petitioner with commission of unfair labour practices. In those proceedings, an application being Ex. U-17, was filed on behalf of the second respondent for interim reliefs. The interim reliefs claimed by the second respondent are as follows :

(3.) During the pendancy of this petition, liberty was given by an order passed by Sawant J. on 26th April, 1984 to the petitioner to enter into a settlement with respondent No. 3 Union. It was, however, made clear that the settlement, if entered into would not be binding on the second respondent-union and its members and the latter were free to pursue their charter of demands according to law.