VEGETABLE VITAMIN FOODS EMPLOYEES UNION Vs. SARVA SHRAMIK SANGH
LAWS(SC)-2006-9-115
SUPREME COURT OF INDIA
Decided on September 25,2006

VEGETABLE VITAMIN FOODS EMPLOYEES UNION Appellant
VERSUS
SARVA SHRAMIK SANGH Respondents

JUDGEMENT

- (1.)Leave granted.
(2.)Heard learned counsel for both sides.
(3.)The above appeal is limited to the direction of the High Court in the impugned judgement and order dt.23.12.2005 whereby the High Court remanded application (MRTU) No. 8 of 1998 to the Industrial Court, Bombay for a fresh decision. It is submitted that as per Sec. 12 of the Maharashtra Recognition of Trade Union & Prevention of Unfair Labour Practices Act (MRTU Act) on receipt of an application from a Union for recognition u/s. 11 of the Industrial Court has to cause notice to be displayed on the notice board of the undertaking the date on which it intends to decide the said application. Under Cl. (2), the Court can hold an enquiry in the matter before deciding the application. Further u/s. 11 Cl. (1) any Union when it makes the application should have membership of not less than 30% of the total number of employees, for the whole of the period of six calendar months immediately preceding the calendar month of filing of application.


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