Case Note & Summary
The petitioner, Tata Memorial Centre, challenged an order dated 31.8.2005 passed by the Industrial Court in Complaint (ULP) No. 919 of 2001. The respondent no.1, Tata Memorial Hospital Workers Union, was a recognised union under the MRTU and PULP Act, 1971 since 1985. In 1994, another union, Tata Memorial Hospital Kamgar Sanghatana, filed applications for cancellation of respondent no.1's recognition, which was cancelled. However, on 29.6.2001, the recognition was restored. After restoration, respondent no.1 wrote to the petitioner on 7.7.2001 informing them of the restoration. On 9.8.2001, a meeting was held where respondent no.1 raised issues about facilities being provided to the unrecognised union, Tata Memorial Hospital Kamgar Sanghatana. The respondent no.1 filed a complaint alleging unfair labour practice under Item 9 of Schedule IV of the MRTU and PULP Act. The Industrial Court allowed the complaint, directing the petitioner to provide the same facilities to respondent no.1 as were being provided to the unrecognised union. The petitioner challenged this order. The High Court held that a recognised union is entitled to facilities under Section 20 of the Act, and that the denial of equal facilities constitutes an unfair labour practice. The court dismissed the petition, upholding the Industrial Court's order.
Headnote
A) Trade Union Law - Recognition of Trade Unions - Facilities to Recognised Union - Section 20, Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 - The court considered whether a recognised union is entitled to facilities provided to an unrecognised union - Held that a recognised union is entitled to the same facilities as those provided to any other union, including an unrecognised union, and denial amounts to unfair labour practice (Paras 1-4).
Issue of Consideration
Whether a recognised union is entitled to the same facilities as those provided to an unrecognised union under the MRTU and PULP Act, 1971
Final Decision
The High Court dismissed the writ petition, upholding the order of the Industrial Court dated 31.8.2005 directing the petitioner to provide the same facilities to the respondent no.1 union as were being provided to the unrecognised union.
Law Points
- Recognised union entitled to facilities under Section 20 of MRTU and PULP Act
- 1971
- Facilities must be provided equally to all unions
- Unfair labour practice under Item 9 of Schedule IV if facilities denied
