ENGINEERING WORKERS ASSOCIATION Vs. RADIUM CREATION LTD

JUDGEMENT

(1.) By this petition filed under Articles 226 and 227 of the Constitution of India, the petitioner has impugned the order dated 20th Feb., 2016 passed by the Industrial Court, Thane rejecting the application filed under section 30(2) of the MRTU and PULP Act, 1971 (for short hereinafter referred to as the said ULP Act) inter alia praying for a direction to the respondents not to give effect to transfer order dated 19th Dec., 2015 of the employees and to allow them to resume their work with equitable relief. The said application for interim order was filed in a complaint filed by the petitioner under section 28 read with items 3, 9 and 10 of Schedule IV of the said ULP Act. Some of the relevant facts for the purpose of deciding this petition are as under :-

(2.) The petitioner is a trade union registered under the provisions of Trade Unions Act, 1926 and represents the large number of employees as its members in the respondent no.1 company. The employees of the respondent no.1 who are members of the petitioner union have made various demands for the benefit and facilities and improvement in the service conditions of members of the petitioner. Various proceedings have been filed by the petitioner union against the respondent no.1 and vis-a-versa in various courts against each other.

(3.) Sometime in the year 2009, the petitioner had filed a complaint of unfair labour practise being Complaint (ULP) No. 256 of 2009 before the Industrial Court at Thane against the respondent no.1 and applied for interim relief. By an order dated 7th Nov., 2009, the Industrial Court directed the respondents to maintain status quo regarding the issue involved in the said complaint.