HINDUSTAN LEVER MAZDOOR SABHA Vs. HINDUSTAN LEVER LIMITED

JUDGEMENT

(1.) THE petitioner Hindustan Lever Mazdoor Sabha has filed this writ petition and challenged the order of the Industrial Tribunal, Mumbai passed below Exhibit U-18 in Reference (IT) No.39/97.

(2.) DURING the hearing the learned counsel appearing on behalf of the petitioner Shri Singhavi took me through the relevant documents attached to the petition and also the order under challenge. He highlighted the provisions of section-36 of the Industrial Disputes Act and the order passed by the Commissioner of Labour dated 3-5-1997 referring the dispute for adjudication as per the schedule to the said order of reference. As per the order passed by my brother Justice A.P. Shah in Writ Petition No.884 of 1998 filed by the petitioner Mazdoor Sabha, the Tribunal was directed to dispose of by giving six months time by directing the Industrial Tribunal to decide the Reference in accordance with law without being influenced by the interim order passed by the Industrial Court in Complaint (ULP) No.284 of 1998.

(3.) THE said application was opposed by the petitioner Mazdoor Sabha and it was prayed that in view of the decision and the documents that have been sought for are not given for the purpose of entertaining the application and accordingly prayed that the application for seeking directions be rejected. The Industrial Tribunal has, after considering the said application and the contentions raised before him, allowed the said applications Exhibits C-9, C-20 and C-21 and directions are issued to the Registrar of Trade Unions, Calcutta for furnishing relevant documents as per his operative order and further directions to petitioner Mazdoor Sabha to furnish list of the employees who are its members from 1975 till date.