Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | c 14 Maharashtra Regulation of Trade Unions and Prevention of Unfair Labour Practices Act 12 19 - Status of recognized Union under- Determination of eligibility cum suitability of a Union - Application by appellant Union before the Industrial Court for being registered as a recognized Union in place of an existing · recognized Union (BKS Union) in the undertaking- Industrial D Court referring to the report of the Investigating Officer and the affidavits filed on behalf of the appell 1971-ss.11 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Maharashtra Regulation of Trade Unions andPrevention of Unfair Labour Practices Act, 1971-ss.11, 12, 14, 19 - Status of recognized Union under- Determinationof eligibility cum suitability of a Union - Application byappellant Union before the Industrial Court for beingregistered as a recognized Union in place of an existing ·recognized Union (BKS Union) in the undertaking- Industrial Court referring to the report of the Investigating Officer andthe affidavits filed on behalf of the appellant Union held thatthe appellant Union was entitled to be conferred the status ofrecognized Union since it had more than 30% of membershipof the total employees of the Company as well as larger membership than the membership of BKS Union during theperiod, and there was compliance of ss. 11, 14 and 19-HighCourt held that the appellant Union was not eligible underthe Act to be conferred the status as recognized Union andset aside the decision of the Industrial Court - Interference with - Held: Not called for...:. View taken by High Court isplausible and rational being based on a logical analysis ofthe materials on record and the law applicable - Report ofthe Investigating Officer clearly reveals that the contribution collected from the members of the appellant Union had notbeen deposited in its bank account - Vital informations isprescribed form pertaining to the claim of membership ofappellant Union, in order to wrest the title of recognized unionfrom an existing rival Union enjoying the said status, notfurnished - Dehors the affidavits, the evidence or thematerials laid by the appellant Union are not overwhelminglydeterminative of its claim of majority membership as requireduls. 11, 12, and 14 - Adjudication on the issue of deduction of bonus amount by the company for adjustment against themembership fee of BKS in the background pertaining theretodoes not conclusively clinch the cause in favour of theappellant Union - The analysis and evaluation of thematerials on record as undertaken by the High Court cannot be denounced as illogical, irrational or uncalled for. |
Judge | Hon'ble Mr. Justice Amitava Roy |
Neutral Citation | 2015 INSC 876 |
Petitioner | Poona Employees Union |
Respondent | Force Motors Limited & Another |
SCR | [2015] 11 S.C.R. 935 |
Judgement Date | 2015-12-01 |
Case Number | 10130-10131 |
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