BHARAT JIJABA SHINDE Vs. BHARATIYA KAMGAR SENA

JUDGEMENT

(1.) By this petition, the petitioner - workman challenges the impugned order dated 21st June, 2017 passed by the Industrial Court, Pune in Complaint (ULP) No.83 of 2016 whereby the petitioner sought interim relief pending disposal of an unfair labour practice complaint. The impugned order records that in the main complaint, the workman had claimed a declaration of unfair labour practice and sought cancellation of recognition of the respondent Union. The interim relief sought was suspension of recognition of Union. The impugned order records that cancellation of recognition could be sought under Section 13 of MRTU and PULP Act, 1971 and can only be filed by the Union.

(2.) In the case at hand the respondent-Union claimed to represent workmen of Force Motors Ltd. as a recognised Union and it had signed settlement with the company. The petitioners grievance was that many employees had resigned from the respondent-Union in December 2002 and joined the Poona Employees Union. There was some litigation pending regarding Union membership filed by the respondent and in the meanwhile Poona Employees Union filed proceedings before the Industrial Court for derecognition. The Industrial Court cancelled recognition of the respondent Union and recognised Poona Employees Union. This was challenged in the High Court, which set aside the order of the Industrial Court and restored recognition of the respondent. Poona Employees Union then challenged this order in the Supreme Court which SLP came to be dismissed.

(3.) On the substance of complaint it transpires that the employees claiming to be in majority appointed representatives and submitted a Charter of demands which resulted in Reference (ID) No.6 of 201 The petitioner complainant contended that the complaint was filed on behalf of 309 out of 400 employees and that he and a majority of the employees have left the respondent-Union in the year 2002. The impugned order at Exhibit-U-2 seeking interim relief came to be rejected by the Industrial Court relying upon a decision of the High Court in the case Fashion Production Mazdoor Sabha, Bombay Vs. Smt.Smita Prabhakar Dalvi & Ors., (1985) 51 FLR 542. Bom.