MUMBAI MAZDOOR SABHA Vs. AHMEDABAD ADVANCE MILLS LTD

JUDGEMENT

(1.) The appellant (the original petitioner) is a trade union registered under the Trade Unions Act, 1926. According to the appellant, employees of an undertaking called M/s. Tata Textiles enrolled themselves as members of the appellant in September 1977. In 1979 the appellant made an application to the Industrial Court at Bombay under Section 11 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (now called "the Act") seeking the grant of recognition in respect of the undertaking of M/s. Tata Textiles. The application referred to M/s. Tata Textiles and called it a company incorporated under the Companies Act. It also stated that this undertaking was owned by Naval H. Tata.

(2.) A written statement was filed on behalf of respondents 1, 2, 3 and 4. It stated that Tata Textiles had no separate or independent legal existence. The employees working therein were employed by respondents 1 to 4 jointly and severally and they worked exclusively for one or other or all of these mills. Tata Textiles was a kind of liaison and service group acting as a conduit or convenient clearing centre for the various basic activities of respondents 1 to 4. The employees working in Tata Textiles were in reality employed in the cotton textile industry and were, as such, governed by the Bombay Industrial Relations Act.

(3.) On 8th Sept., 1980 an application was made by the appellant to the Industrial Court for an amendment of its application. The amendment sought to remove the appellation "Messrs" from the description of Tata Textiles. It sought to describe Tata Textiles as a commercial establishment registered under the Bombay Shops and Establishments Act, 1948. It stated that in the certificate of its registration under this Act Naval H. Tata was shown as the employer.