ORDER

This appeal by special leave arises from the order of the Division Bench of Bombay High Court made on September 7, 1983 in W.P. No. 3038 of 1.983. The appellant is a rival trade union under Mis. Chemicals & Fibers of India Ltd. (formerly ICI India Ltd. The Industrial Court in the order had pointed out that the total employees as on June 15, 1981 were 811 and the respondent-union had a strength of 448 as against the appellant-rival union having strength of 241. Thus it was held to be a recognised union. The appellant had challenged the procedure adopted by the investigating -officer under Maharashtra Recognition of Trade Union and Prevention of Unfair Labour Practice Act, 1971(1 of 1971) (for short, MRTUPULP Act)

2. Shri Kailash Vasdev, learned counsel for the appellant, contended that the Investigating Officer was not justified in law in conducting spot verification and calling employees either by alternate number and verifying the same and that the procedure, therefore, was clearly illegal. It is not in dispute that the investigation requires to be done by the investigating officer in accordance with the procedure prescribed under the Act. This Court in Automobile Products of