EASTERN SHIPCHANDLERS PVT LTD Vs. MUMBAI KAMGAR SABHA

JUDGEMENT

(1.) I have heard the submissions of the learned senior counsel for the petitioners and the learned counsel appearing for the Respondent. By this petition under section 226 of the Constitution of India the petitioners have taken an exception to the Judgment and Order dated 1st August 2007 passed by the learned Member of the Industrial Court, Mumbai on a complaint of unfair labour practice filed by the Respondent under section 28 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as the said Act of 1971). The allegation of the Respondent in the said complaint is as regards the commission of Unfair Labour Practice covered by item No.9 of Schedule IV of the said Act of 1971.

(2.) With a view to appreciate the submissions made by the learned Counsel for the parties, it will be necessary to refer to the facts of the case in brief.

(3.) The case of the respondent registered trade union is that the second petitioner is the director of M/s.Eastern Stores & Trading Co. Pvt.Ltd. which is a shop covered by the Bombay Shop and Establishment Act, 1948 (hereinafter referred to as the said Act of 1948). The case of the respondent is that a dispute raised by the Respondent was referred for arbitration to the board of Arbitrators by an Agreement signed by the Respondent and the representative of the employer and the said agreement was duly published in Official Gazette on 10th October 1982 as required under section 10(A)(3) of the Industrial Disputes Act, 1947 (hereinafter referred to as the said Act of 1947). According to the case of the Respondent, the name of the first Petitioner appears as at serial no.197 of the schedule of the said Agreement. The award was made on 29th October 1994. The Award was published in the Government gazette on 6th April 1995. As per the provisions of the section 17 (1) of the said Act of 1947 of the said Award became enforceable on 6th May 1995. A reference has been made in the complaint to the writ petition filed in this court by a rival union for challenging the Award and the orders passed in the said petition as well as in the Appeal preferred against interim order passed in the said petition. Reliance has been placed on the order passed in W.P.No.1070 of 1995 by which the Award was modified. It is stated in the complaint filed by the Respondent that the Respondent had filed an earlier complaint which was withdrawn. It is stated that the said complaint was withdrawn due to subsequent events. The allegation in the complaint is as regards the failure of the Petitioner to implement the Award dated 29th October 1994. Accordingly, various prayers were made.