HIND KAMGAR SANGHATANA Vs. EXCEL INDUSTRIES LTD

JUDGEMENT

(1.) The above Writ Petition has been filed challenging the Judgment and Order dated 25th Jan. 2018 passed by the learned Member of the Industrial Court, Thane by which order the Application for recognition filed by the Respondent No.3 came to be allowed and the office of the Court in question was directed to issue Recognition Certificate to the Respondent No.3 under Sec. 12 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter be referred to as 'MRTU & PULP Act' for the sake of brevity).

(2.) The Respondent No.3 is a Trade Union registered under the Trade Unions Act, 1926. The Respondent No.3 is functioning in the Respondent No.1 - Company. The Petitioner herein is the recognized Union in the Respondent No.1 - Company.

(3.) The Respondent No.3 filed an Application under Sec. 14 of the MRTU and PULP Act for being recognized as the recognized Union, insofar as the Respondent No.1 - Undertaking is concerned. It was the case of the Respondent No.3 - Union that the membership of the Petitioner has fallen below the minimum requirement for continuous period of six months from the date of the Application. The Respondent No.3 - Union applied for recognition on 6th June 2006 and it is for the preceding six months that the Respondent No.3 claimed that it had the requisite membership for being granted the status of a recognized union.