WYETH EMPLOYEES UNION Vs. ARAINE ORGACHEM PVT LTD

JUDGEMENT

(1.) Rule. With the consent of the learned counsel appearing for the parties, taken up for final hearing.

(2.) The petitioner is a recognized union under section 12 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (for short, "the MRTUP Act" ) for the undertaking of respondent 2. It appears to be the case of respondent 1 (M/s. Araine Orgachem Pvt. Ltd. ) and respondent 2 (M/s. Wyeth Limited) that respondent 2 the erstwhile employer of the members of the petitioner, sold its manufacturing facility at 146, Lal Bahadur Shastri Marg, Ghatkopar (West) , Mumbai to respondent 1 as at the close of business hours of 30/8/2004. According to respondents 1 and 2, from that day the ownership and management of the said industrial establishment stood transferred to respondent 1.

(3.) The petitioner addressed a letter of demand dated 14/11/2005 to respondents 1 and 2 making a demand of reinstatement of 143 workmen with continuity of service and full backwages. From the letter of demand, it appears to be inter alia, the case of the petitioner that all the workers who were then working in the said plant were pressurized into taking voluntary retirement though no scheme was framed or published. The signatures of the workers were obtained on blank papers and promised amounts were not paid. The petitioner then held a General Body meeting in which a new committee was appointed. The new committee in implementation of its decision to pursue the illegal termination of the services of the workers raised the demand dated 14/11/2005 of reinstatement of the workers with full backwages and continuity of service contending that the transfer of the undertaking from respondent 2 to respondent 1 was sham.