Case Note & Summary
The petitioner, Maharashtra Engineering Plastic and General Kamgar Union, a trade union registered under the Trade Unions Act, 1926, filed a complaint before the Industrial Court against M/s. Chamundi Petroleum and its partner, alleging unfair labour practices under items 1 and 6 of Schedule II and items 6 and 9 of Schedule IV of the Maharashtra Recognition of Trade Union and Prevention of Unfair Labour Practices Act, 1971 (ULP Act). The complaint was filed on behalf of the employees of the respondent petrol pump. The respondents denied the allegations and contended that the petitioner union had no authority to represent the workmen as its constitution did not include petrol pumps. The Industrial Court held that the petitioner had no authority to represent the workmen and also found on merits that no unfair labour practice was committed. The petitioner challenged this decision by way of a writ petition before the Bombay High Court. The High Court, after examining the facts, upheld the Industrial Court's decision, noting that the petitioner's constitution did not allow it to represent workmen of petrol pumps, and thus the complaint was rightly dismissed. The petition was dismissed.
Headnote
A) Trade Union Law - Locus Standi - Authority to Represent Workmen - Trade Unions Act, 1926 - The petitioner union's constitution did not include petrol pumps as an industry it could represent, and thus it had no authority to file a complaint on behalf of the workmen of the respondent petrol pump. The Industrial Court correctly dismissed the complaint on this ground. (Paras 2-3)
B) Unfair Labour Practice - Merits - Items 1, 6 of Schedule II and Items 6, 9 of Schedule IV - Maharashtra Recognition of Trade Union and Prevention of Unfair Labour Practices Act, 1971 - On merits, the Industrial Court found that the respondents had not committed any unfair labour practice as alleged. The High Court upheld this finding. (Para 2)
Issue of Consideration
Whether the petitioner union had authority to represent the workmen of the respondent petrol pump and whether the respondents committed unfair labour practices.
Final Decision
The High Court dismissed the writ petition, upholding the Industrial Court's order dated 20th December 2004.
Law Points
- Locus standi of trade union
- Authority to represent workmen
- Unfair labour practice
- Item 1 and 6 of Schedule II
- Item 6 and 9 of Schedule IV
- Maharashtra Recognition of Trade Union and Prevention of Unfair Labour Practices Act 1971
Case Details
2006 LawText (BOM) (06) 63
Writ Petition No. 678 of 2005
Mr. A.D. Shetty with Mr. Thamnesh Shetty with Ms. Rita Joshi for the petitioner; Mr. Rahul Nerlekar for the respondent nos.1 and 2.
Maharashtra Engineering Plastic and General Kamgar Union
M/s. Chamundi Petroleum & two ors.
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Nature of Litigation
Writ petition challenging the order of the Industrial Court dismissing a complaint of unfair labour practices.
Remedy Sought
The petitioner union sought to quash the Industrial Court's order and to have the complaint of unfair labour practices against the respondents allowed.
Filing Reason
The petitioner union alleged that the respondents were committing unfair labour practices under the ULP Act from 31st May 1998.
Previous Decisions
The Industrial Court dismissed the complaint on 20th December 2004, holding that the petitioner had no authority to represent the workmen and that no unfair labour practice was committed.
Issues
Whether the petitioner union had authority to represent the workmen of the respondent petrol pump.
Whether the respondents committed unfair labour practices as alleged.
Submissions/Arguments
The petitioner union argued that it was entitled to represent the workmen and that the respondents were guilty of unfair labour practices.
The respondents contended that the petitioner union had no authority to represent the workmen as its constitution did not include petrol pumps, and denied the allegations of unfair labour practices.
Ratio Decidendi
A trade union cannot represent workmen of an industry not listed in its constitution, and thus lacks locus standi to file a complaint under the ULP Act on their behalf.
Judgment Excerpts
This Writ Petition is directed against the judgement and order dated 20th December 2004 passed by the Industrial Court dismissing the complaint made by the petitioner Union against the respondent nos.1 and 2 of Unfair Labour Practice falling under item 1 and 6 of schedule II and item 6 and 9 of schedule IV of the Maharashtra Recognition of Trade Union and Prevention of Unfair Labour Practices Act 1971.
The petitioner is an union registered under the Trade Unions Act 1926. Under its constitution as it stood at the relevant time, the respondent no.1 was allowed to represent workmen employed in several industries listed therein which did not include petrol pumps.
Procedural History
On 5th June 1998, the petitioner union filed a complaint before the Industrial Court alleging unfair labour practices. The respondents filed a written statement denying the allegations and challenging the union's authority. The Industrial Court dismissed the complaint on 20th December 2004. The petitioner then filed the present writ petition on 2005, which was dismissed on 12th June 2006.
Acts & Sections
- Maharashtra Recognition of Trade Union and Prevention of Unfair Labour Practices Act, 1971: Schedule II, Items 1 and 6; Schedule IV, Items 6 and 9
- Trade Unions Act, 1926:
