Case Note & Summary
The Thane Municipal Corporation and its officers filed a writ petition challenging an order of the Industrial Court, Thane, dated 4 November 2011, which partly allowed a complaint filed by the Municipal Labour Union. The union, which was not a recognized union, alleged that the corporation's advertisement dated 7 May 2005 for contracting out garbage collection and disposal work breached an agreement dated 23 June 2004 between the corporation, employees' union, and the state government. The corporation denied the existence of any such agreement and argued that the union lacked standing. The Industrial Court held that the agreement existed and that the corporation committed unfair labour practice under Item 9 of Schedule IV of the MRTU & PULP Act by not discussing with unions before allotting the contract. The High Court found that the Industrial Court's finding of an agreement was based on no evidence, as the union failed to prove the agreement. The court noted that the burden of proof was on the complainant to establish the agreement and its breach. The High Court quashed the Industrial Court's order, holding that the finding of unfair labour practice was perverse and unsustainable.
Headnote
A) Industrial Law - Unfair Labour Practice - Burden of Proof - Item 9 of Schedule IV, Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 - The complainant must prove the existence of an agreement and its breach. The Industrial Court erred in relying on an unproven agreement and holding the employer guilty of unfair labour practice without proper evidence. (Paras 5-7)
B) Industrial Law - Locus Standi - Non-recognized Union - Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 - A non-recognized union cannot file a complaint on behalf of all employees. The respondent union was not recognized and thus lacked standing to represent all employees. (Para 3)
C) Industrial Law - Agreement - Proof - Evidence Act - The alleged agreement dated 23 June 2004 was not proved by the respondent. The petitioners denied its existence, and no reliable evidence was produced. The Industrial Court's finding of an agreement was perverse and based on no evidence. (Paras 5-7)
Issue of Consideration
Whether the Industrial Court erred in holding that there was an agreement dated 23 June 2004 and that the petitioners committed unfair labour practice under Item 9 of Schedule IV of MRTU & PULP Act by not discussing with unions before allotting contract.
Final Decision
The High Court allowed the writ petition and quashed the impugned order dated 4 November 2011 passed by the Industrial Court, Thane.
Law Points
- Burden of proof lies on complainant to establish agreement and unfair labour practice
- Non-recognized union cannot file complaint on behalf of all employees
- Agreement must be proved by evidence
- Item 9 of Schedule IV of MRTU & PULP Act requires failure to implement agreement
Case Details
2012 LawText (BOM) (09) 101
Writ Petition No. 3469 of 2012
Mr. N.V. Walawalkar, Senior Counsel with Mr. N.R. Bubna for the Petitioners; Ms. Neeta Karnik for the Respondent
Thane Municipal Corporation, The Commissioner, Thane Municipal Corporation, The Medical Health Officer, Thane Municipal Corporation
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Nature of Litigation
Writ petition challenging order of Industrial Court holding petitioners guilty of unfair labour practice.
Remedy Sought
Petitioners sought quashing of Industrial Court order dated 4 November 2011.
Filing Reason
Petitioners challenged the Industrial Court's finding that they committed unfair labour practice by not discussing with unions before allotting contract for garbage collection, based on an alleged agreement that was not proved.
Previous Decisions
Industrial Court partly allowed complaint (ULP) No. 211 of 2005 on 4 November 2011, holding that there was an agreement dated 23 June 2004 and that petitioners committed unfair labour practice under Item 9 of Schedule IV of MRTU & PULP Act.
Issues
Whether the Industrial Court erred in holding that there was an agreement dated 23 June 2004 between the corporation and the union.
Whether the Industrial Court erred in holding that the petitioners committed unfair labour practice under Item 9 of Schedule IV of MRTU & PULP Act.
Whether a non-recognized union can file a complaint on behalf of all employees.
Submissions/Arguments
Petitioners argued that no agreement dated 23 June 2004 existed; the respondent union was not recognized and could not file complaint on behalf of all employees; no employee was affected.
Respondent argued that the advertisement breached the agreement and that the corporation failed to discuss with unions before allotting contract.
Ratio Decidendi
The burden of proof lies on the complainant to establish the existence of an agreement and its breach. The Industrial Court's finding of an agreement was based on no evidence and was perverse. A non-recognized union cannot file a complaint on behalf of all employees.
Judgment Excerpts
The basic finding of the learned Judge for the purpose of adjudicating the present Writ Petition, are as under: '12 I thus, find that regarding contract work, decision was...'
The Petitioners submitted that the Member, Industrial Court, Maharashtra at Thane, after recording of evidence, by his judgment and order dated 4 November 2011 was pleased to partly allow the complaint and hold that there was an agreement with corporation dated 23 June 2004...
Procedural History
The respondent filed Complaint (ULP) No. 211 of 2005 in the Industrial Court, Thane, challenging the advertisement dated 7 May 2005. The Industrial Court partly allowed the complaint on 4 November 2011. The petitioners filed Writ Petition No. 3469 of 2012 in the Bombay High Court challenging that order.
Acts & Sections
- Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971: Item 9 of Schedule IV
- Municipal Solid Wastes (Management and Handling) Rules, 2000:
