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CASE NO.: Appeal (civil)  4256 of 2006

PETITIONER: VEGETABLE VITAMIN FOODS EMPLOYEES UNION        

RESPONDENT: SARVA SHRAMIK SANGH & ORS.                     

DATE OF JUDGMENT: 25/09/2006

BENCH: Dr.AR.LAKSHMANAN & TARUN CHATTERJEE

JUDGMENT: J U D G M E N T (Arising out of SLP(C) No.5755/2006)

Dr.AR.LAKSHMANAN, J.  

       Leave granted.         Heard learned counsel for both sides.           The above appeal is limited to the direction of the High Court in the  impugned judgment 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 Section 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 under Section 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 Clause (2), the Court can  hold an enquiry in the matter before deciding the application.  Further  under Section 11 Clause (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.         In the instant case, respondent No.1 (Sarva Shramik Sangh) has  filed an application No.8 of 1988 on 17.2.1988 for being granted  recognition.  Similarly, the appellant herein (Vegetable Vitamin Foods  Employees Union) filed an application No.20 of 2003 on 10.10.2003 for  being granted recognition.   Under the impugned direction read with  Section 11 of the MRTU Act, the Industrial Court, on remand, will have to  consider  vis-a-vis the respondent No.1 whether it had more than 30% of  the employees as members in the six months immediately prior to  17.2.1988.  In the case of the appellant’s application,  it would have to  consider whether the appellant had more than 30% of the employees as  members in the six months immediately prior to 10.10.2003.  This will  clearly create confusion in the matter, especially as the enquiry to be  conducted by the Industrial Court would be done in 2006 and not in 1988  or 2003.           We, therefore, modify the impugned judgment of the High Court as  under :-

       "The direction of the High court in its impugned judgment and  order dated 23.12.2005 passed in Writ Petition No.2375 of 1993 is  modified to the extent that the Industrial Court will decide the  Application (MRTU) No.8 of 1988 filed by the Sarva Shramik  Sangh, respondent No.1 herein, as well as the Application (MRTU)  No.20 of 2003 filed by the Vegetable Vitamins Foods Employees  Union, petitioner herein, treating the two Application to have been  filed on 1.1.2006 and after conducting the investigations required  under Section 12 (2) read with Section 11 (1) of the MRTU Act for  the period of six months immediately preceding 1.1.2006 to  determine the membership of the Sarva Shramik Sangh as well as

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of the  Vegetable Vitamins Foods Employees Union.  The parties  are at liberty to amend their respective Applications if so required.   With the above modification the Special Leave Petition is disposed  of."

       Since the matter is pending for very long time, we direct the  Industrial Court, Bombay to dispose of both the Application Nos.8 of 1988  and 20 of 2003 within three months from today.  The appeal stands  disposed of accordingly.  There shall be no order as to costs.

       The Registry is directed to send a copy of this Judgment to the  Industrial Court, Bombay immediately for information and necessary  action.