GAMMON INDIA LIMITED Vs. ENGINEERING MAZDOOR SABHA

JUDGEMENT

(1.) The first respondent-union was registered as a recognised union under Section 12(2) of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices 5 Act, 1971 (hereinafter referred to as "the Act") by an order dated 6th Jan., 1976 passed by the President of the Industrial Court in Application (MRTU) No. 19 of 1975. The petitioner-company made an Application (MRTU) No. 14 of 1980 in the Industrial Court, Bombay for cancellation of the said recognition under Section 13 of the Act. It was alleged by the company that during the calendar months Feb. to July, 1980, the total number of employees employed in their establishment was 255 out of which only 58 were the members of the first respondent-union and, therefore, their membership fell below the minimum as required under Section 11 of the Act, for a continuous period of six months.

(2.) On consideration of the evidence adduced before him, oral and documentary, the second respondent by his order dated 13th July, 1984 dismissed the said application of the petitionercompany holding that the original recognition was granted to the first respondent on the basis of the total number of employees employed at the Head Office and that too only the permanent staff and when that is taken into consideration the membership of the first respondent-union did not go down below 30% of the total number of the permanent staff employed at the Head Office.

(3.) Mr. Srikrishna, learned Counsel, arguing this matter on behalf of the petitioner-company, urged that the learned Member of the Industrial Court was wrong in taking into consideration only the total number of employees who were the permanent staff of the company at the Head Office as he had to take into consideration the total number of employees employed by the company and it was immaterial whether they were permanent, temporary or otherwise. In reply Mr. Bukhari, learned advocate arguing on behalf of the first respondent-union, submitted that the Head Office of the Company was situate at three different places viz. (i) Prabhadevi, (ii) Ballard Estate and (iii) Byculla as can be seen from the evidence of the Company's witness Rangnath Shankar Mordekar. In view of the judgment of a Division Bench of this Court in Pfizer Employees' Union. Bombay, v. Mazdoor Congress, Bombay and Ors. 1980 I LLJ 65. Mr. Bukhari further submitted that for the purpose of counting membership of the union, the employees at each 'concern' of the company has to be taken into account. There is a lot of substance in the submission of Mr. Bukhari. It is not clear from the impugned order of the second respondent whether he had taken into consideration the total employees of the company at the three Head Offices or only at one place, that is, Prabhadevi. The original application for recognition filed by the first respondent-union was for the "concern" located at "Gammon House", Veer Savarkar Marg, Prabhadevi, Bombay-400 025. Therefore, what was expected of the second respondent was to take into consideration the total number of employees of the company at this particular "concern". In view of this confusion, the matter will have to be remanded back to the Court of the second respondent in order to find out the correct number of the total employees at the "concern" located at "Gammon House" Prabhadevi, Bombay-400 025 of the petitioner- company and then decide whether the recognition granted to the first respondent-union should be cancelled or not.