BHARATIYA KAMGAR SENA Vs. PARLE BEVARAGE LTD.

JUDGEMENT

(1.) THIS Application is filed by Bharatiya Kamgar Sena thereinafter referred as Applicant union') u/s. 11 of MRTU & PULP Act, 1971 and prayed that the Applicant union be registered as a recognised union under the provisions of the Act in Parle beverage Ltd., Western Express Highway, Andheri (E), Mumbai -99 (hereinafter referred as 'Non -Applicant company'). It is the contention of the Applicant union that the Applicant union is registered under the Indian Trade Union's Act on 8th August 1963 under Certificate No. 6142 issued by Registrar of Trade Unions, Mumbai. In its meeting held on 9th August 1993 office bearers are elected. It has membership in the non -applicant company for the whole of the period of six calendar months immediately preceding the month of filing of this application are 389 from October, 1993 to March, 1994 continuously. In the General Meeting held on 5th November 1993, it was decided to apply for recognition as a recognised union in the non -application company. Alongwith this application requisites Court fee Rs. 5/ - is paid by the Applicant, union. It is the contention of the Applicant union that the Applicant union has not instigated, aided or assisted the commencement or continuation of a strike among the employees in the undertaking for which the Applicant union seeks recognition. As per the provisions made under its constitution member of the Applicant union has to pay a monthly subscription of Rs. 2/ - every month. Its Executive Committee met on 18th June 1993, 30th June 1993, 6th August 1993, 5th November 1993 and 3rd February 1994. The Applicant union has maintained the minutes book in which all resolutions passed by the Executive Committee and the general body of the union are recorded. It has maintained accounts and such accounts are last audited by R.B. Malik & Company. The year of account of the Applicant union is from January to December. The Applicant union is a recognised union for 68 other companies whose names are given in the list. It is the submission of the Applicant union that since the Applicant union comply with the provisions of MRTU & PULP Act, it is entitled for recognition under the provisions of the Act. Hence, prayed that recognition may be granted to the Applicant, union as a recognised union in the Non -Applicant company.

(2.) ON receipt of an application from the Applicant union it finds on preliminary scrutiny that the Application was in order therefore, notice issued to the Non -Applicant company with direction to cause notice to be displayed on the notice board of the Non -Applicant company declaring the Court's intention to consider the said application and call upon other union or unions, if any, having membership of employees in the said company and the employers and employees effected. Further it wan directed to the Non -Applicant company to display the notice in the language which majority of the workman understand. Further it was directed to the Non -Applicant company to comply with the direction and inform to the Court by filing affidavit to that effect. In response to the notice, Non -Applicant company appeared. One Shri Sushil Gajanan Bhave, Assistant Personnel Manager of the Non -Applicant company filed affidavit on 22nd April 1994 at Ex. C -1. In this affidavit the affiant has stated that he has caused translation of the notice of hearing in Hindi and Marathi language and has displayed the copies of notices along with the copy of notice received from this Court prominently on the Notice Board.

(3.) IN view of the aforesaid facts issues are framed for determination at Exh. 0.3