PREMIER AUTOMOBILE EMPLOYEES UNION Vs. K M DESAI

JUDGEMENT

(1.) PREMIER Automobile Employees Union has challenged the order of the Industrial Court, Maharashtra, Bombay, in Application (MRTU) No. 11 of 1983 dated January 5, 1989 cancelling its registration as a recognised Trade Union of the Premier Automobiles Ltd. , in this writ petition under Article 226 of the Constitution of India.

(2.) PREMIER Automobile Employees Union (hereinafter "the Union") was recognized as a registered Trade Union in Premier Automobiles Ltd. by the Industrial Court vide its order dated July 9, 1978. Association of Engineering Workers (hereinafter "the Association") filed an application dated June 16, 1983 under section 13 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (for short "the Act") for cancellation of recognition of the Union. The cancellation was sought on the ground that the membership of the Union had, for a continuous period of six calendar months, fallen below the minimum required under section 11 of the Act, viz. the membership had fallen below 30% of the total number of employees employed in the undertaking of Premier Automobiles Ltd. The application was contested by the Union. It, inter alia, pleaded that its membership was not below the prescribed limit.

(3.) THE Industrial Court, finding that the principal dispute was between the rival Unions, directed the Investigating Officer of the Industrial Court, Bombay, to verify the membership and other relevant records of both the unions and to submit a report. The Investigating Officer inspected the records of both the Unions and submitted his report dated November 30, 1987 to the Industrial Court. He reported that the membership of the Union had fallen below the minimum required under sections 11 and 13 of the Act. The Union made a prayer for summoning the Investigating Officer for cross-examination. The prayer was rejected vide order dated July 4, 1988. This order was challenged in this Court in Writ Petition No. 2485 of 1988. The writ petition was disposed of by observing thus :---The parties will submit in writing the queries they desire to put to the Investigating Officer. The First respondent shall scrutinies the proposed queries and the ones approved by him after hearing the parties shall be answered by the Investigating Officer. The Union submitted 17 queries for answer by the Investigation Officer. The Industrial Court directed the Investigating Officer to give reply to only query Nos. 5, 6, 7, 8, 9, 12, 15, 16 and 17. Replies to the queries were duly given by the Investigating Officer. The Industrial Court permitted the parties to the lis to file objections to the report and, after considering the same, rejected the objections and upheld the report.