VINOD CHOPRA Vs. FILM MAKERS COMBINE

JUDGEMENT

(1.) This enquiry commenced with the filing of a complaint by Shri Vinod Chopra, Proprietor of M/s. Vinod Chopra Productions, Bombay under Sec.10 (a) (i) of the Monopolies and Restrictive Trade Practices Act, 1969 (the MRTP Act in brief ). The complainant also filed an application for grant of interim injunction under Sec.12-A of the MRTP Act.

(2.) For proper appreciation of rival contentions, we consider it necessary to briefly state the material facts of the case. The complainant firm is, inter alia, engaged in the business of production of firms including feature films. The respondent, M/s. Film Makers Combine (FMC), is a Company incorporated under Sec.25 of the Companies Act, 1956. In pursuance of the objectives laid down in the Memorandum, the respondent Company is promoting and protecting trade and commerce in the field of Motion Picture Industry and other allied Industries. the respondent has the following subscriber members : (1) Indian Motion Picture Producers' Association (IMPPA) (2) Film Producers' Guild of India (3) Western India Film Producers' Association (WIFPA) (4) Association of Motion Picture and TV Producers

(3.) The complainant is a member of Western India Film Producers' Assiciation (WIFPA) which is a subscriber member of the FMC. As per prevailing practice in the trade, the workers affiliated to the Federation of Western India Cine Employees (FWICE), Bombay are employed by the film producers at Bombay. Wage rates of the members affiliated to FWICE are revised from time to time and are fixed after negotiations between FWICE and FMC. A dispute arose between FMC and FWICE in October/november, 1993 regarding the revision of wages of workers. No agreement having been reached between the two, the FWICE eventually decided to enforce the higher wage rates for the workers. As a sequel thereto, the FMC decided to suspend all production and post-production activities which included shooting, recording, dubbing, etc. w. e. f.5.11.1993. The FMC also issued a Circular dated 2.11.1993 to all the associations connected with the firm industry and gave them the following directive : "no member of the Affiliate of Film Makers Combine shall pay the increased wages as circulated or enforced by FWICE or any of the Affiliates. All prodcution activities shall stop from Friday, the 5th November, 1993 for the unilateral hike. Violation shall be seriously dealt with. " In pursuance of the above directive various organisations/associations in the film industry accordingly, issued directions to their members.