PRATIBHA SYNTEX LIMITED Vs. STATE OF M. P.

JUDGEMENT

(1.) Shri Brian D'silva, learned Senior Counsel with Shri Dharmendra Kumar Sharma, Shri Shashank Sharma and Shri Sarabvir Singh Oberoi, learned counsel for the respondents No.2 to 19. The appellant Company before this Court has filed present writ appeal under Section 2(2) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005 being aggrieved by order dated 04/01/2019 passed by learned Single Judge in Writ Petition No.21886/2018 (Pratibha Syntex Ltd. Vs. State of M.P. and Others).

(2.) The facts of the case reveal that the respondent No.2 to 19 have taken shelter of the provisions of Section 10 of the Industrial Disputes Act, 1947. The initiation started in the month of March, 2018 by one Munnalal Sahni claiming himself to be a District President of Mazdoor Sabha and Member of Samajwadi Party. He submitted an application on 13/03/2018 raising various demands for the workers working in the units of the appellant Company and also submitted a complaint to the Labour Department.

(3.) It was not only the Munnalal Sahni, who has approached the Labour Officer but other workmen, who were also in service approached the Labour Officer. The Labour Department taking cognizance of the matter directed the appellant to appear on 27/03/2018 before the Labour Officer and the representative of the appellant Company appeared before the Labour Officer. The Labour Officer was informed that no such trade union affiliated with Samajwadi Party is operating in any of their establishment and only handful of employees backed by a political party are creating problems in smooth functioning of the plant.