ASSOCIATION REGISTERED Vs. BARMER ZILA TRUCK OPERATORS UNION

JUDGEMENT

(1.) This order shall dispose of a Restrictive Trade Practices Enquiry instituted under Sec.10 (a) (i) and Sec.37of the Monopolies and Restrictive Trade Practices Act, 1969 and Regulation 51 of the Monopolies and Restrictive Trade Practices Commission Regulations, 1991. (respondent in brief ). On receipt of a complaint from Marudhar Truck Operators' Association (Registered), 21, Automobiles Market, Industrial Area, Barmer- 344001 (complainant in brief) and after hearing Mr. B. C. Parakh, Counsel for the complainant, the Commission issued notice to all the five respondents. Since the notices sent to the respondents were received back with the remark "refused", the Commission left with no option except to proceed ex parte. After hearing the Advocate and going through the annexures, the Commission was satisfied that this is a fit case to be enquired into and ordered issuance of Notice of Enquiry.

(2.) Notice of Enquiry (NOE) was issued against the respondents under Sections 10 (a) (i) and 37 of the MRTP Act. Contents of NOE are reproduced below for proper adjudication of this case: "whereas respondent No.1, namely, Barmer Zila Truck Operators' Union is an Association of truck owners/operators in Barmer (Rajasthan) and is inter alia engaged in providing transport services on payment and respondent Nos.2 and 3, namely Shri Govind Ram Bishnoi and Shri Shankar Lal Pahadaiya are Vice-Presidents, and Shri Chima Ram Chaudhary and Shri Chain Singh Bhatti are Secretaries. And whereas the Commission has information that the registration of the respondent Union was issued by the Registrar of Trade Union, Government of Rajasthan, Jaipur, which has since been cancelled on 14.9.1993. It is also learnt that the President of the respondent Union, namely, Shri Abdul Hadi had already resigned from his post two years back, but the name of Shri Hadi was used in the price-lists and for other illegal rules and regulations. It is also learnt that Shri Hadi, the then President of Barmer Zila Truck Operators Union had also informed the Collector, Barmer, "giving his resignation two years back from respondent Union". And whereas the complainant, namely, the Marudhar Truck Operators' Association is registered with the Registrar of Trade Union, Jodhpur, under the Trade Union Act and is carrying on the business for transportation of goods and has filed an application under Sec.10 (a) (i) stating that the said respondents are indulging in the following restrictive trade practices : 1. That the respondents are not allowing any truck owner/operator, who is not a member of the respondent Union, to lift the goods from Barmer district for transportation.2. That no incoming truck is allowed to lift the goods from Barmer District for any other destination and the same is forcibly sent back empty without loading any goods.

(3.) That if any person wants to carry goods in his own truck, he is permitted to do so only when he has obtained the permission slip from the respondent Union and that permission is issued after paying the specified amount of money under the head of "union Subscription".