Case Note & Summary
The case involves an appeal by Ballarpur Industries Limited (appellant) against the judgment of a learned Single Judge of the Bombay High Court, which allowed the writ petition of Maharashtra Lok Kamgar Sanghatana (respondent no.1), an unrecognised trade union. The respondent had filed a complaint under Section 28 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (MRTU & PULP Act), alleging unfair labour practices under Items 5, 6, and 9 of Schedule IV. The complaint was initially withdrawn and later refiled as Complaint ULP No. 964 of 2000 under Items 5 and 9 only. The Industrial Court dismissed the complaint, but the learned Single Judge reversed that decision, allowing the complaint. The appellant challenged this before the Division Bench. The core legal issue was whether an unrecognised union has the locus standi to maintain a complaint under the MRTU & PULP Act for items 5 and 9 of Schedule IV. The appellant argued that only a recognised union can file such a complaint, relying on the scheme of the Act. The respondent contended that the Act does not bar an unrecognised union from filing a complaint. The court analysed the provisions of the MRTU & PULP Act, particularly Section 28 and the definition of 'recognised union'. It held that the Act creates a distinction between recognised and unrecognised unions, and only recognised unions have the right to represent workmen in matters relating to unfair labour practices under Items 5 and 9 of Schedule IV. The court allowed the appeal, setting aside the order of the learned Single Judge and restoring the order of the Industrial Court dismissing the complaint.
Headnote
A) Trade Union Law - Unrecognised Union - Locus Standi - Section 28, Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 - Items 5 and 9 of Schedule IV - The issue was whether an unrecognised union can maintain a complaint under Section 28 of the MRTU & PULP Act for unfair labour practices under Items 5 and 9 of Schedule IV. The court held that an unrecognised union has no locus standi to file such a complaint, as the Act provides for recognition of unions and only recognised unions can enforce rights under the Act. The appeal was allowed, setting aside the order of the learned Single Judge. (Paras 1-10)
Issue of Consideration
Whether an unrecognised union can maintain a complaint under Section 28 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, alleging unfair labour practices under Items 5 and 9 of Schedule IV of the said Act.
Final Decision
The appeal is allowed. The judgment and order of the learned Single Judge is set aside. The order of the Industrial Court dismissing the complaint is restored.
Law Points
- Unrecognised union cannot maintain complaint under MRTU & PULP Act for items 5 and 9 of Schedule IV
- Section 28 of MRTU & PULP Act
- 1971
Case Details
2015 LawText (BOM) (12) 94
Letters Patent Appeal No.466/2010 in Writ Petition No.3944/2006
B.R. Gavai, P.N. Deshmukh
Shri K.H. Deshpande, Senior Advocate with Shri R.E. Moharir for Appellant; Shri R.S. Upadhyay for Respondent No.1; Smt. S.S. Jachak, AGP for Respondent No.2; Shri A.R. Patil and Shri A.S. Kilor for Interveners
Ballarpur Industries Limited
Maharashtra Lok Kamgar Sanghatana, Member, Industrial Court, Chandrapur
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Nature of Litigation
Appeal against judgment of learned Single Judge allowing writ petition of an unrecognised union and setting aside order of Industrial Court dismissing complaint under MRTU & PULP Act.
Remedy Sought
Appellant sought setting aside of the learned Single Judge's order and restoration of the Industrial Court's order dismissing the complaint.
Filing Reason
Respondent no.1, an unrecognised union, filed a complaint alleging unfair labour practices under Items 5, 6, and 9 of Schedule IV of MRTU & PULP Act.
Previous Decisions
Industrial Court dismissed the complaint; learned Single Judge allowed the writ petition and set aside the Industrial Court's order.
Issues
Whether an unrecognised union can maintain a complaint under Section 28 of the MRTU & PULP Act for unfair labour practices under Items 5 and 9 of Schedule IV.
Submissions/Arguments
Appellant argued that only a recognised union can file a complaint under the MRTU & PULP Act for items 5 and 9 of Schedule IV.
Respondent contended that the Act does not bar an unrecognised union from filing such a complaint.
Ratio Decidendi
An unrecognised union has no locus standi to maintain a complaint under Section 28 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, for unfair labour practices under Items 5 and 9 of Schedule IV, as the Act provides for recognition of unions and only recognised unions can enforce such rights.
Judgment Excerpts
Being aggrieved by the judgment and order passed by the learned Single Judge of this Court in Writ Petition No.3944 of 2006 thereby allowing the petition of respondent no.1 and setting aside the order passed by the learned Industrial Court and allowing the complaint of respondent no.1, the appellants have approached this Court.
Respondent no.1 which is undisputedly an unrecognised Union filed a complaint being Complaint ULP No.1286 of 1987 under Section 28 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 under Item Nos. 5,6 and 9 of Schedule IV of the said Act.
Procedural History
Respondent no.1 filed Complaint ULP No.1286/1987 under Section 28 of MRTU & PULP Act, which was withdrawn. Subsequently, Complaint ULP No.964/2000 was filed under Items 5 and 9 of Schedule IV. The Industrial Court dismissed the complaint. Respondent no.1 filed Writ Petition No.3944/2006, which was allowed by the learned Single Judge. The appellant filed Letters Patent Appeal No.466/2010 before the Division Bench.
Acts & Sections
- Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971: Section 28, Schedule IV Items 5, 6, 9
