BANK KARMACHARI SANGH Vs. K R PAWAR

JUDGEMENT

(1.) THIS writ petition under Articles 226 and 227 of the Constitution of India impugns an order dated 3rd February, 1994 passed by the Industrial Court, Pune in Revision Application (BIR) No. 2 of 1993 purportedly in exercise of its powers of superintendence under section 86-J of the Bombay Industrial Relations Act, 1946 (hereinafter referred to as the Act ).

(2.) THE petitioner is the representative and approved Union for the Banking Industry in the local area of Pune District and Cantonment. 3rd respondent is an undertaking in the Banking Industry in a Co-operative sector.

(3.) FOR some reasons, the petitioner Union, despite being a representative and approved Union and having the legal right to represent employees in every undertaking in the Co-operative Banking Industry in the Co-operative sector in the concerned local area, appears to have neglected the employees of the 3rd respondent employer. Consequently, the employees and the employer assumed that they could settle their industrial disputes by direct negotiations without intervention of the representative Union. The long period of inactivity on the part of the petitioner Union perhaps contributed to and reinforced the erroneous impression of the 3rd respondent and its employees. On 2nd September, 1988, the Management of the 3rd respondent entered into what has been styled as a settlement with the individual employees. The said so-called settlement was to remain in operative from 1st July, 1988 to 30th June, 1991.