SHREE RAM MAHADEO PRASAD FLOUR MILLS, KANPUR Vs. INDUSTRIAL TRIBUNAL (III) AT ALLAHABAD AND OTHERS

JUDGEMENT

(1.) On Oct. 1, 1965, the State Government referred the following dispute for adjudication to the Industrial Tribunal:

(2.) The petitioner concern carries on the business of a flour mills as also manufacturer of edible and non-edible oils. The workmen of the petitioner concern are members of the Kelners and Spencers Staff Union. This union is affiliated to the Hind Mazdoor Sabha which is a federation of the Union. The Union is registered under the Trade Unions Act for "Khadya Udyog" This term was translated by the Presiding Officer to mean food stuff industry. The petitioner's submission was that the food stuff industry is a very wide term and it includes many trade unions. The union cannot be held to be registered for one trade only under sub-section (3) of Sec. 6-I reads as follows:

(3.) For the petitioner it was urged that the Union was not competent because it was not registered for one trade only. The registration certificate showed that the union was registered for food stuff industry only. So far as the fact Of registration is concerned, it is clear that the union has been registered for one trade only. The registration is not for any other trade. The petitioner's submission is that the food stuff industry for which the union has been registered is composed of many diverse trades and hence the union should be deemed to be registered for more than one trade. In my opinion the phrase "and the union has been registered for one trade only" in sub-section (3) is intended to refer to the actual registration and not to the meaning of the industry or trade for which it has been registered. If the registration is for one industry or trade, it will fulfil the requirements of this provision. There is nothing in sub-section (3) or any other; provisions of Sec. 6-I to say that the union mast, be registered for one trade and a trade in which the concerned employer is engaged. The petitioner concerned carries on the work of grinding wheat to produce flour. The union has on its roll, workmen of various establishments and concerns like biscuit factory, hotel, bakeries, cold storage etc. To my mind this question is immaterial. The certificate of registration shows that the Union is registered for one trade only. The fact that its membership is drawn from many kinds of establishments dealing in divers varieties of trades which are connected with food stuffs will not make the registration of the union for all these different trades illegal, The registration remains for one trade though that trade may be wide enough to include or be connected with many varieties of occupations business.