PFIZER EMPLOYEES UNION BOMBAY Vs. MAZDOOR CONGRESS BOMBAY

JUDGEMENT

(1.) This is a petition under Arts. 226 and 227 of the Constitution of India challenging the order dated March 31, 1976, passed by the President, Industrial Court, Maharashtra, Bombay, under the provisions of the Maharashtra Recognition of Trade Union and Prevention of Unfair Labour Practices Act, 1971 (the Act for short).

(2.) The facts giving rise to this petition are briefly these :

(3.) Pfizer Ltd., Bombay, respondent No. 2, is a public limited company incorporated in India under the Indian Companies Act, which shall be hereafter referred to as the company. The head office of the company is situated at Express Towers, Nariman Point, Bombay-21. The said company has its factory at Thana near Bombay, and a depot for storing goods at Darukhana, Reay Road, Bombay. The said company employ about 130 workmen in its head office, about 25 workmen at its depot at Reay Road and about 1,200 workmen at its factory at Belapur road, Thanna. The petitioner is a trade union registered under the Indian Trade Unions Act, 1926 and is a recognised union under the code of discipline for the factory, the depot and the head office. Respondent No. 1 Mazdoor Congress, Bombay, which shall be hereafter referred to as the applicant-union, is also a trade union registered under the Trade Union Act, 1926, but the said union is not recognised by the company as a bargaining agent for the workmen. The petitioner-union has been representing the workmen of the said company for the last more than 15 years, whereas the respondent No. 1 applicant-union made entiry in the company only in the year 1974 and that also in the Thana factory alone.