KARVEER KAMGAR SANGH Vs. HOTEL SHALINI PALACE

JUDGEMENT

(1.) THIS is application under section 11 of M.R.T.U. and P.U.L.P. Act, 1971 for registration as a recognised union, filed by Applicant union in the Non -Applicant undertaking. The Applicant union is a registered union under Trade Unions Act on 7th January, 1975 under certificate No. P.N. 724. It has elected office bearers. The membership of the Applicant in the Non -Applicant undertaking for the whole period of six calendar months is not below than 70%. It has its own constitution, and maintains minute books. Its accounting year is from 1st January to 31st December. It has not instigated, aided or assisted the commencement or continuation of a strike among the employees in the undertaking for which is deemed to be illegal under the Act since the period of six months immediately preceding the date of the application. The Applicant held general meeting of Executive Committee and resolved therein to apply for registration as a recognised union in the Non -Applicant undertaking. Hence this application.

(2.) THE Non -Applicant appeared and filed Say Exh. C -3 admitting all the factual aspects as narrated in the application of the Applicant and therefore, it has no objection to grant the Applicant's application for registration as a recognised union in their undertaking. In Mumbai Mazdoor Sabha V/s. Bombay Dyeing and Manufacturing Co. Ltd., Bombay and another etc. ( : F.L.R. 1984 (48) 22 (S.C.)) it is held by their Lordships of Supreme Court that when Non -Applicant concedes that Applicant union be registered as recognised union, no enquiry is necessary. In view of this position, I allow the application and pass following order: - -