MAHARASHTRA STATE ROAD TRANSPORT CORPORATION BOMBAY AND MAHARASHTRA STATE ROAD TRANSPORT CORPORATION Vs. MAHARASHTRA MOTOR KAMGAR FEDERATION AND PROVINCIAL RASHTRIYA MOTOR KAMGAR UNION

JUDGEMENT

(1.) The two appeals arise out of the common judgment dated 21-2-1984 of the learned Single Judge in Writ Petition No. 1955 of 1978 and Writ Petition No. 2117 of 1978 involving identical issues and hence both the appeals are disposed by this common judgment.

(2.) The appellant in either of the appeals is Maharashtra State Road Transport Corporation (hereinafter referred to as "the Corporation), which is constituted under the Road Transport Corporation Act, 1960 and is engaged in the business of transporting passengers from one placer to another. Its activities are spread throughout the State of Maharashtra. The first respondent namely, Maharashtra Motor Kamgar Federation in Writ Petition No. 1955 of 1978 (Letters Patent Appeal No. 63 of 1984) and the first respondent namely, Provincial Rashtriya Motor Kamgar Union in Writ Petition No. 2117 of 1978 (Letters Patent Appeal No. 65 of 1984) (hereinafter referred to as "the complainant"), claiming to have sizable membership of the employees working in the Corporation, have filed separate individual complaint stating therein that the appellant corporation have indulged in or are engaging in unfair labour practices enumerated in Item 2(b) of Schedule II and item 5 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as "the Act").

(3.) According to the two complaints filed before the Industrial Court Nagpur, it was alleged therein that there are various unions operating in the field mainly grouped under (1) Maharashtra State Mazdoor Sabha Bombay, (2) Maharashtra S.T. Workers Federation, Dhulia, and the first respondent complainant unions in either of the appeals. It was further alleged that none of these unions is recognised under the Act. Hence all of them enjoyed equal status and were accordingly entitled to equal rights, facilities, and treatment at least till such time one of them is duly recognised in accordance with the provisions of the Act. It was further pointed out that one prior agreement between the management and the union was to end on 31-3-1975. The Appellant Corporation commenced negotiations with the representatives of the Maharashtra State Mazdoor Sabha and the Maharashtra S.T. Workers Federation (hereinafter referred to as "the intervening unions"). These intervening unions are parties in Writ Petition No. 2117 of 1978. Either of the first respondent is not invited to participate in the negotiations, although repeated requests were made. No reasons are disclosed by the Corporation for excluding the first respondent in both the appeals. According to the complainant-respondents, non-inclusion of their representatives in the negotiations which were then in progress amounts to unfair labour practice on the part of the Corporation. It was also alleged that the management was thus taking a partisan attitude in calling the representatives of the intervening unions for negotiations. According to the complainant respondents, the Corporation was guilty of showing partiality and favouritism to the rival intervening unions attempting to organising their employees, although these unions are not recognised under the Act and are committing unfair labour practice falling within the mischief of Item 2(b) of Schedule II of the Act.