R. B. Misra, J. - (1.) The present appeal by special leave is directed against the judgment and order of the Industrial Court dated February 8, 1985 arising out of an application under S. 11 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as "the Act").
(2.) Section 11 of the Act envisages that any Union which has for the whole of the period of six calendar months immediately preceding the calendar month in which it so applies under this section a membership of not less than thirty per cent of the total number of employees employed in any undertaking may apply in the prescribed form to the Industrial Court for being registered as a recognised union of such undertaking. The appellant-Union moved an application before the Industrial Court for recognition of its union as a recognised union in respect of the first respondent, Bennet Coleman and Company Ltd. In the said application the appellant impleaded besides respondent No. 1, respondent No. 2, the Times of India and Allied Publications Employees Union operating in the 1st respondent Company and having some membership amongst the workmen employed therein. The appellant alleged that its membership for the relevant period of six months prior to the date of application stood at the rate of 67 per cent of the total working force. The appellant annexed a list of the workmen whom it claimed as its members and a copy of the constitution of the appellant union.
(3.) The Second Respondent on or about the 5th of December, 1980, filed certain preliminary objections to the application of the appellant, the principal objection being that the appellant-union had instigated a strike deemed to be illegal under the Act and was therefore debarred from obtaining recognition. This objection was specifically overruled by the Third Respondent, Industrial Court.;