Judgment

GOSWAMI, J.;- This appeal by special leave brings forth a rather disquieting feature of union rivalry whereby the significance of collective bargaining, which is the forte of a union, is sought to be made a flop. We say this in the absence of any suggestion to mala fides or of any other ulterior motive alleged by the contending union on the part of the rival union or its principal officer who had negotiated a certain settlement on behalf of the workmen in substitution of the award of the Industrial Tribunal out of which this appeal arose.

2. The appellant before us is the employer, supported, wholehog, by the Bombay General Kamgar Sabha, respondent No. 3. Respondent No. 2 is the only contending union, viz., Mumbai Mazdoor Sabha.

3. On May 18, 1967, there was a reference by the Government of Maharashtra of an industrial dispute under Section 10 (1) (d) of the Industrial Disputes Act to the Industrial Tribunal for adjudicating eight demands such as, wage scales, adjustment of increments, classification of workmen into different grades, dearness allowance, retrospective effect of the claim from 1st June, 1966, gratuity, sick leave and wages for Sundays and holidays when called u