Judgment

DESAI, J.:- Two unions of workmen employed in the first respondent Company M/s. Balmer Lawrie &-Co. Ltd. (employer for short) are at loggerheads and their inter se rivalry has thus landed in this Court. Appellant Balmer Lawrie Workers Union (non-recognised Union for short) filed Writ Petition No. 1518 of 1984 in the High Court of Judicature at Bombay challenging the constitutional validity of See. 20(2) read with Schedule I of the Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, 1971 (1971 Act for short). To this petition, they impleaded the employer company and the Balmer Lawrie Employees Union (Recognised Union for short).

2. Few facts giving rise to the writ petition may be stated. A settlement was arrived at between the employer and the recognised union resolving a number of industrial disputes pending between them. Clause 17 of the Settlement reads as under :

"17. Arrears will be paid within two months from the date of signing of the Settlement. Further, the Company shall collect from each workman an amount equivalent to 15 of the gross arrears payable to each employee under this settlement as contribution to the Union Fund and this A