BANK EMPLOYEE UNION Vs. BANK KARMACHARI SANGH

JUDGEMENT

(1.) THE statement of reasons recorded by me in respect of application No. 16 of 1999 filed by the Bank Employees Union (hereinafter referred to as the Applicant union) under section 23(4) of the Bombay Industrial Relations Act, 1946 for being entered in the list of approved unions for the local area of Maval Taluka in Banking Industry in place of the approved union. The Applicant union filed the above application on 29th January, 1999 before the Assistant Registrar, Bombay Industrial Relations Act, 1946, Pune. Among other things it is indicated in the Application that the Applicant union was registered under the Trade Union Act, 1926 on 12th January, 1998 and was granted a certificate under No. PN 3010 by the Dy. Registrar of Trade Unions, Pune. The Applicant union has claimed that it has a membership of 73 for the month of December 1998 in the banking Industry in the local area of Maval Taluka. The Applicant union has therefore applied for entry in the list of approved unions in place of the existing registered union viz. The Non -Applicant union on the ground that is possessed larger membership than that of the Non -Applicant union.

(2.) ON receipt of the application after routine scrutiny it was found that the application was accompanied by a true copy of the Resolution authorising the General Secretary of the Applicant union to make the instant application. The application was also accompanied by a true copy of the constitution. Since, the application was in proper form and was found to be in order, so it has taken for inquiry. The inquiries being almost common, both the applications under section 16(1) and 23(4) were taken up together and separate inquiries were not made on each application.

(3.) NON -Applicant union however sent a letter dated 25th May 1999 pointing out that its objection to the maintainability of the instant application and observing that in view of the preliminary objections mentioned in the letter 9th April, 1999, the application dated 29th January, 1999 filed by the Applicant union cannot be proceeded with under the law and same is liable to be dismissed. The Non -Applicant union further stated that in spite of its objections, if the instant application was to be proceeded further then Assistant registrar should first decide the preliminary objections before proceedings further in the matter and also requested 30 days time to file the document.