(1.) The petitioner is a trade union registered under the Trade Unions Act, 1926 and has as its members around 800 monthly rated workers employed in the respondent Company's factories at Kalwe and Kurla, Mumbai.
(2.) During the period 04/08/2000 to 21/11/2000 the Company terminated the services of 20 monthly rated workers. The petitioner raised a dispute against the termination of the said 20 workers and by its order dated 10/02/2001 the Government referred the said dispute to the Industrial Tribunal, Mumbai, (for short, "the Tribunal") being Reference (IT) No. 20 of 2001. The order of Reference reads as under:
(3.) On 04/05/2001 the petitioner filed its Statement of Claim alongwith an interim relief application in the said Reference (IT) No.20 of 2001. On 27/06/2001 the Company filed its Affidavit for opposing the interim relief application preferred by the petitioner. The said Affidavit dated 27/06/2001 has been subsequently adopted by the Company as its Written Statement in Reference (IT) No. 20 of 2001. The Company has opposed the said Reference (IT) No.20 of 2001 on the ground that the workers concerned in the said reference are not workman as defined under Section 2(s) of the Industrial Disputes Act-1947 (for short, "ID ACT") .