SARVA SHRAMIK SANGH Vs. JANPRABHA OFFSET WORKS

JUDGEMENT

(1.) Heard learned advocates for respective parties. With consent of parties, appeals are heard and finally decided at the stage of admission.

(2.) These appeals are directed against a common judgment in Writ Petitions No. 854/2003 and 925/2003 whereby the learned single Judge by his judgment dated March 6, 2007 allowed both the writ petitions and set aside the order passed by learned Industrial court Jalgaon in Complaint ULP No. 482/1999. In the original complaint, the press is respondent No. 1 and the newspaper is respondent No. 2. Hence in the judgment we are going to refer the press and paper as respondent no. 1 and respondent No. 2 respectively, although they are recited in different order in the two appeals.

(3.) The appellant Union filed Complaint under Section 28 of the Maharashtra recognition of Trade Unions and Prevention of unfair Labour Practices Act, 1971 in industrial court at Nasik alleging unfair labour practices. The Complaint came to be filed through one s. N. Patil, General Secretary of the complainant-Union. The unfair labour practice alleged was under Item 9 of Schedule IV. Respondents 1 and 2 in the complaint are alleged to be different divisions of one establishment. The complainant union is a registered union bearing Registration No. 4672 dated April 8, 1964 and is having connection with the affairs of the respondents. The respondent establishment publishes news paper janashakti. It was being printed from respondent No. 1. The news paper Janashakti is owned by trust by name Daily Janashakti Trust. Respondent No. 2 looks after the entire work of this establishment. Respondent No. 2 is also a member of the complainant union and is responsible for the service matters of the employees (workers) in this establishment. As such it is alleged that respondents 1 and 2 are the two different divisions of one establishment.