- (1.) Two employees unions of the industrial establishment, Force Motors Limited (hereinafter to be referred to as "the company") are locked in a legal tussle, the appellant for acquiring the status of a recognized union under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (for short, hereinafter to be referred to as "the Act") and the respondent No. 2 to ward off such an endeavour, it being the recognized union. The pursuit for recognition that had commenced in the year 2003, on an application filed by the appellant before the Industrial Court under Section 11 of the Act, has witnessed a prolonged adjudication, however, leaving the issue unresolved. Though the appellant union tasted success before the Industrial Court, the fortune reversed before the High Court thus, catapulting it before this Court for its pancean intervention. In challenge, is the judgment and order dated 2.2.2009 rendered by the High Court of judicature at Bombay in Writ Petition (C) No. 2907 of 2006 jointly with W.P. (C) No. 2878 of 2006, lodged by the company and the defender union independently assailing the determination of the Industrial Court.
(2.) We have heard Mr. Colin Gonsalves, learned senior counsel for the appellant and Mr. Shyam Divan and Mr. C.U. Singh, learned senior counsel for the respondent Nos. 1 and 2 respectively.
(3.) The factual backdrop has to be summarily outlined to better comprehend the issue and the rival assertions. The company, Force Motors Limited, earlier named as Bajaj Tempo Limited, has its office at Akurdi, Pune. The respondent No. 2- union i.e. Bhartiya Kamgar Sena (for short, hereinafter to be referred to as "the BKS") is the recognized union of the company. The appellant union in its bid to be adjudged as the recognized union in place of BKS, filed an application on 6.9.2003 before the Industrial Court, Pune, as required under the provision of the Act. It insisted that almost all the employees members of BKS had meanwhile tendered their resignation, and had expressed their desire to discontinue their membership therewith. It claimed that majority of the employees had become its members, so much so that in the month of January, 2003, it had in its fold 1973 employees members. Claiming that it was a union registered under the Trade Unions Act, 1926 (for short, hereinafter to be referred to as "1926 Act") on 20.7.1986 with a valid certificate to that effect, it asserted that with the exodus of the employees members from BKS to its ranks, it had the holding of 85% of the total employees of the company. It disclosed, inter alia, as well the names and particulars of the office bearers and members of the Executive Committee as in the month of January, 2003 and mentioned as well that its membership subscription was Rs. 2 per month and that the meetings of the Executive Committee were being held at regular intervals of not more than 3 months. It maintained as well that the resolutions passed by the Executive Committee and the General Body thereof were recorded in the Minute Book and that its accounts were being duly audited by a Chartered Accountant for every financial year and that certificate(s) to that effect was/were issued as well. Contending that it, in any case, had in its roll more than 30% membership of the employees of the company, this along with the other factors entitled it to be adjudged as the recognized union thereof under the Act. That it complied with the prescription of the statute more particularly as laid down in Sections 11 and 19 of the Act, was emphasized.;