NARAYAN N MORE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Whether, in view of facts and circumstances of this case, a workman can be turned way from the entrance itself leading to the temple of justice, on the spacious ground that, he is not accompanied by the very same Recognized Union against the office bearers of which such a worker has a serious grievance to make in the court of law. This being a very short question involved in this matter, by consent of all the parties we have heard this matter for final disposal at the admission stage itself. Rule. Rule made returnable forthwith. Heard both sides at some length.

(2.) The 3rd respondent is a company which is having its Industrial unit that works continuously 24 x 7, situate at Vikhroli (East), Mumbai 400 079. The employees i.e. the workmen work in shifts in the continuous industrial process that goes on at the establishment of the respondent No.3. It has come on record that at the relevant time there were more than 323 workmen working at the aforesaid factory of the 3rd respondent. One Bharatiya Kamgar Sena was a Union of this workmen which was recognised union in the said factory for last several years.

(3.) The Voluntary Retirement Scheme dated 12.4.2005, in issue, in the present proceedings, was floated by the 3rd respondent for its workmen. It is the case of the 3rd Respondent that 323 workmen including the present petitioners who are 84 in number opted for the Scheme.