Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1971 : Section 21 Labour Laws : Maharashtra Recognition of Trade Unions And Preven- tion of Unfair Labour Practices Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Labour Laws : Maharashtra Recognition of Trade Unions And Prevention of Unfair Labour Practices Act, 1971 : Section 21- Unfair Labour Practices-Proceedings relating to--Right of representative union-An union other than representative union cannot appear in proceedings.The first respondent is a public limited company to which the Bombay Industrial Relations Act, 1946 applied, the second respondent is a trade union recognised as the representative union for the first respondent and the appellant is a trade union registered under the provisions of the Trade Unions Act, 1926.The first respondent filed a complaint before the Industrial Court alleging the unfair labour practices mentioned in items 5 and 6 Schedule III of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971. The Industrial Court made an order restraining the commission of the unfair labour practices. The appellant moved an application seeking impleadment In the complaint proceedings on the ground that employees of the first respondent had sought its membership and that the complaint had been filed by the first respondent In collusion with the second respondent. The Industrial Court rejected the application. The appellant filed a writ petition in the High Court challenging the Industrial Court's order. The High Court dismissed the petition on the ground that the second respondent, as the representative union, had the sole privilege of representing employees in the industry of the first respondent. Aggrieved by the High Court's judgment the appellant preferred the present appeal. On behalf of the appellant it was contended that the B.I.R. Act and the M.R.T.U. and P.U.L.P. Act operated in different fields; that the former did not deal with the subject of unfair labour practices; which was dealt with by the latter; M.R.T.U. and P.U.L.P. Act allowed access to courts to any union, recognised, representative or otherwise, to any employee to ensure that an unfair labour practice was prevented; that since an unrecognised union could file a complaint, there was nothing incongruous about it being heard as a respondent; Section 21 conferred exclusivity only in regard to items 2 and 6 of Schedule IV of the M.R.T.U. and P.U.L.P. Act and an unrecognised union could appear in complaints in respect of all other unfair labour practices; and that having regard to the provisions of section 29 of the M.R.T.U. and P.U.L.P. Act, whereby any order passed would be binding on the appellant and its members, they had a right to be heard by the Industrial Court before any order could be made against them.On behalf of the respondent it was contended that the right of a representative union to represent the employees in the industry to which the B.I.R. Act applied remained unfettered and did not change by reason of the fact that the proceedings had been adopted under the M.R.T.U. and P.U.L.P. Act. |
Judge | Honble Mr. Justice S.P. Bharucha |
Neutral Citation | 1995 INSC 103 |
Petitioner | Sharmik Uttarsh Sabha |
Respondent | Raymond Woollen Mills Ltd. And Ors. |
SCR | [1995] 1 S.C.R. 967 |
Judgement Date | 1995-02-07 |
Case Number | 1408 |
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