GENERAL SECRETARY, BHARTIYA KAMGAR SENA Vs. VASHISHTHI DETERGENT LIMITED AND BHARTIYA KAMGAR KARMACHARI MAHASANGH

JUDGEMENT

(1.) THIS is an application under section 11 of the M.R.T.U. & P.U.L.P. Act, 1971 for grant of recognition to the Applicant -union in undertaking of Non -Applicant No. 1. - - Company. It is case of the Applicant union that it is registered under the Trade Unions Act, on 8th August 1968. Its office -bearers are elected on 9th August 1995 - -consisting of a President, five Vice Presidents, General Secretary, Treasurer and 98 Executive Committee Members. There are about 300 employees of Non -Applicant No. 1 Company out of which 280 employees (93%) were its members for the period September, 1995 to February, 1996 i.e. six calendar months preceding the date of presenting this application. A meeting of Executive Committee took place on 20th July 1995 wherein, it was resolved to apply for grant of recognition for establishment of Non -Applicant No. Company. Besides, meetings of the Executive Committee took place six times during the period of 12 months preceding the date of presentation of the application. Likewise, its accounts were lastly audited on 24th April 1995. Lastly, it is contended that the Applicant Union has not instigated, aided or assisted the commencement or continuation of a strike amongst the employees in the undertaking of Non -Applicant No. 1 which is deemed to be illegal under the M.R.T.U. & P.U.L.P. Act, 1971 within six months preceding the date of the Application.

(2.) A notice of this application was sent to Non -Applicant No. 1 by registered post acknowledgment due as provided under rule 23(ii) of the Industrial Court Regulations, to be displayed on the notice board of Non -Applicant No. 1 Company. Shri Manoranjan Pai -Production Manager filed an Affidavit (Exh. C -2) affirming that he exhibited the notice on the notice board of the undertaking on 25th April 1996.

(3.) THE Applicant Union then made an application (Exh.U -7) on 11th April 1997 to direct investigation for verification of members, which was allowed by my learned Predecessor. The Investigating Officer submitted his report on 16th October 1997.