M/S. TEXTILE ART MACHINERY Vs. MAZDOOR CONGRESS,

JUDGEMENT

(1.) THE Complainant has filed this complaint under Sec. 28(1) read with item 1, 2(a), 5 and 6 of Sch. III of the M.R.T.U. & P.U.L.P. Act. The cause of action arised on 11th November, 1985, 24th November 1985, 30th November 1985, 12th December 1985, to file this complaint. The Complainant has filed this complaint in the capacity of employer. The Complainant company is a small scale industry manufacturing chemical plant and machinery and employees are hardly 15 workmen. The Complainant company has its manufacturing unit situated at Plat No. 1, Andheri (E) and Plat No. 2 at Udyog sadan, MIDC, Andheri (East).

(2.) THE workmen of the Complainant are lead by the Respondent No. 1 Union i.e. Mazdoor Across Union. The Respondent No. 2 is the Secretary of Respondent No. 1 Union. The Respondent No. 3 and 4 are workmen of the Complainant. The workmen under guidance advised and on instigation of the Respondent No. 1 to 4 have engaged in unfair labour practice, under item 1, 2(a), 5 and 6 of the Sch. III. The Respondent No. 1 to 4 has been taking active part in the present agitation and illegal strike. The Respondents has engaging unfair labour practices under item 1, 2(a), 5 and 6 of Sch. IV.

(3.) ON 11th November 1985 the workmen of the company joined with hand with the workmen of M/s. Hydrochem Engg. obstructed and prevented the company for discharging the machine to the customer. They physically prevented the machine being loaded in the lorry and the works manager T.R. Mahadevan had to take the help of the police to remove the obstruction of he workmen. In this way the Respondent have been engaging in unfair labour practice under item 3 of Sch. III.