AUTOMOBILE PRODUCTS OF INDIA EMPLOYEES UNION Vs. ASSOCIATION OF ENGINEERING WORKERS BOMBAY
LAWS(SC)-1990-3-47
SUPREME COURT OF INDIA (FROM: BOMBAY)
Decided on March 27,1990

AUTOMOBILE PRODUCTS OF INDIA EMPLOYEES UNION Appellant
VERSUS
ASSOCIATION OF ENGINEERING WORKERS,BOMBAY Respondents


Cited Judgements :-

RELIANCE MILLS WORKMEN UNION VS. ASST REGISTRAR OF TRADE UNION [LAWS(GJH)-1997-7-18] [REFERRED TO]
MYSORE PAPER MILLS LABOURERS ASSOCIATION R BHADRAVATHI VS. MANAGEMENT OF THE MYSORE PAPER MILLS LTD [LAWS(KAR)-1990-7-51] [DISTINGUISHED]
JOHNSON AND JOHNSON LIMITED VS. MAHARASHTRA GENERAL KAMGAR UNION [LAWS(BOM)-1996-2-18] [REFERRED TO]
SHRAMIK SENA VS. BLUE STAR WORKERS UNION [LAWS(BOM)-2006-5-18] [REFERRED TO]
MAHARASHTRA RAJYA RASHTRIYA KAMGAR SANGH VS. KAMGAR SURAKSHA SANGH [LAWS(BOM)-2007-10-44] [REFERRED TO]
SHRAMIK UTKARSHA SABHA VS. MAHARASHTRA FILM STAGE AND CULTURAL DEVELOPMENT CORPORATION LIMITED [LAWS(BOM)-2008-3-84] [REFERRED TO]
CHEMICAL KAMDAR SANGH VS. DEPUTY COMMISSIONER OF LABOUR AND STATE IMPLEMENTATION [LAWS(GJH)-2003-8-51] [REFERRED]
MRF UNITED WORKERS UNION VS. GOVERNMENT OF TAMIL NADU [LAWS(MAD)-2009-9-416] [REFERRED TO]
RANIPET GREAVES EMPLOYEES UNION REGN NO 624 / NAT VS. COMMISSIONER OF LABOUR DMS COMPLEX TEYNAMPET [LAWS(MAD)-2010-3-459] [REFERRED TO]
C.N.S. OFFICERS GUILD (REGD.) VS. CHAIRMAN, AIRPORT AUTHORITY OF INDIA AND ORS. [LAWS(DLH)-2015-12-221] [REFERRED TO]
LAIN DAS VS. STATE OF CHHATTISGARH [LAWS(CHH)-2016-1-42] [REFERRED TO]
ASSOCIATION OF ENGINEERING WORKERS VS. COMPTON GREAVES LTD. [LAWS(BOM)-2016-9-64] [REFERRED TO]
ASSOCIATION OF ENGINEERING WORKERS VS. COMPTON GREAVES LTD. [LAWS(BOM)-2016-9-64] [REFERRED TO]
LLOYDS KAMGAR SANGHATANA VS. BHARATIYA KAMGAR KARMACHARI MAHASANGH AND ANR. [LAWS(BOM)-2015-11-117] [REFERRED TO]
ASSOCIATION OF ENGINEERING WORKERS VS. DOCKYARD LABOUR UNION [LAWS(SC)-1992-7-20] [REFERRED TO]
ASSOCIATION OF CHEMICAL WORKERS VS. S D RANE [LAWS(SC)-1996-2-113] [CONSIDERED]
MORMUGAO PORT AND RAILWAY WORKERS UNION VS. BOARD OF TRUSTEES OF THE PORT OF MORMUGAO [LAWS(BOM)-2011-5-66] [REFERRED TO]
TAMIL NADU CO OPERATIVE BANK EMPLOYEES ASSOCIATION VS. REGISTRAR OF COOPERATIVE SOCIETIES, CHENNAI [LAWS(MAD)-2013-2-248] [REFERRED TO]
AMARVATI VS. STATE OF CHHATTISGARH [LAWS(CHH)-2014-12-22] [REFERRED TO]
POONA EMPLOYEES UNION VS. FORCE MOTORS LIMITED & ANOTHER [LAWS(SC)-2015-12-2] [REFERRED TO]
AHMEDABAD SILK EMPLOYEES UNION VS. RELIANCE AND OTHER MILLS WORKERS UNION [LAWS(GJH)-1997-7-82] [REFERRED]
CHIEF EXECUTIVE, RAILWAY EMPLOYEES CO-OPERATIVE VS. COMMISSIONER OF LABOUR CUM REGISTRAR OF TRADE UNIO [LAWS(MAD)-2017-8-249] [REFERRED TO]
MANGHARAM MAZDOOR SANGH VS. MANGHARAM KARAMCHARI UNION & OTHERS [LAWS(MPH)-2019-1-29] [REFERRED TO]
MANAGEMENT OF ROCA BATHROOM PRODUCTS PRIVATE LIMITED VS. RANIPET LABOUR UNION [LAWS(MAD)-2019-10-212] [REFERRED TO]
MANAGEMENT OF ROCA BATHROOM PRODUCTS PRIVATE LIMITED VS. RANIPET LABOUR UNION [LAWS(MAD)-2019-12-502] [REFERRED TO]
THE MANAGEMENT OF ROCA BATHROOM PRODUCTS PRIVATE LIMITED VS. RANIPET LABOUR UNION [LAWS(MAD)-2019-12-545] [REFERRED TO]


JUDGEMENT

Sawant, J. - (1.)The present appeals arise out of a battle for recognition between the rival trade unions in proceedings under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as the 'Act').
(2.)The fourth respondent-Company has two factories, one at Bhandup, Bombay employing about 1700 workers and the other at Aurangabad employing about 1000 workers. The first respondent-Union, viz., the Association of Engineering Workers, Bombay obtained a certificate of recognition from Industrial Court, Thane under Section 12 of the Act, on April 7, 1977 for the Company's undertaking at Bhandup. While the first respondent-Union was acting as such recognised union, many of the workers claimed that they had resigned from the said Union and formed a new union called the Automobile Products of India Employees' Union which is the appellant-Union and registered it on January 7, 1981 under the Trade Unions Act, 1926. On October 9, 1981, the appellant-Union made an application to the Industrial Court, Thane under Section 13(l)(ii) of the Act for cancellation of the recognition of the first respondent-Union on the ground that the latter's membership in the Bhandup Undertaking had fallen below 30 per cent of the total strength of workmen in that undertaking for the preceding six months. In its reply dated November 16, 1981, the first respondent-Union refuted the allegation in the application and contended that its membership was more than 30 per cent for the relevant period. The appellant-Union on March 1, 1982 submitted yet another application for cancellation of recognition of the first respondent-Union this time under Section 13(l)(i) of the Act alleging that the recognition was obtained by the first respondent-Union by misrepresentation and / or fraud, and that it was granted recognition also by mistake. The Industrial Court rendered the relief in favour of the appellant-Union. However, the said decision was set aside by the High Court and the decision of the High Court was upheld by this Court. Here ended the first skirmish.
(3.)The appellant-Union thereafter started the second battle this time for its own recognition under Section 14 of the Act and the present appeals are an outcome of the said proceedings. On July 29, 1982, the appellant Union filed an application under Section 14 of the Act for being registered itself as a recognised union in place of the first respondent Union on the ground that it had the largest membership of the workers in the Bhand up undertaking, viz., 1036 out of a total of 1700 workers, i.e. about 69% of the total strength. The first respondent-Union in its reply of October 7, 1982 contested the appellant-Union's claim and pleaded that it had a membership of about 1400 workers. Both the appellant-Union and the first respondent Union furnished with their pleadings the details of their membership. On August 19, 1985, the appellant-Union made an application to the Industrial Court to hold an inquiry under Section 12(2) of the Act by directing the investigating officer to verify the membership of both the Unions. On September 5, 1985, the Industrial Court gave directions to the Investigating Officer appointed under the Act to assist the Court, to investigate the memberships of both the Unions.
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