SHARP DETECTIVE PVT LTD Vs. BABU D TRIBHUVAN

JUDGEMENT

(1.) This Petition challenges the Order dated 11th July 1996 of the Member, Industrial Court, Pune in Complaint (ULP) No.211 of 1988. The Industrial Court has held that the Petitioner had indulged in an unfair labour practice under Items 9 and 10 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as "the Act") by not implementing the Award passed by the Labour Court in Reference (IDA) No.103 of 1985.

(2.) The facts giving rise to the present Petition are as follows :-

(3.) There is no evidence at all on record to indicate that the first Respondent was employed with the Petitioner. Nor is there any evidence on record to establish that M/s.International Security Services was taken over by Sharp Detectives Pvt. Ltd. i.e. the present Petitioner. The only statement made regarding M/s.International Security Services being taken over is that the first Respondent has stated that his brother who was employed with the present Petitioner informed him that M/s.International Security Services was taken over by the present Petitioner. Additionally he has also deposed that both the offices i.e. the Sharp Detectives Pvt. Ltd. and M/s.International Security Services are located on the same floor of a building near Pune Railway Station. Apart from this, there is no other evidence on record to establish that the two concerns are the same or that one has been taken over by the other. The Petitioner's representative has also placed on record before the Industrial Court the Memorandum of Association and Articles of Association of the Petitioner. The Petitioner Company was established on 16th October 1985.