JUDGMENT

SAWANT, J.:- The present appeals arise out of a battle for recognition between the rival trade unions in proceedings under the Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as the Act).

2. The fourth respondent-Company has two factories, one at Bhandup, Bombay employing about 1700 workers and the other at Aurangabad employing about 1000 workers. The first respondent-Union, viz., the Association of Engineering Workers, Bombay obtained a certificate of recognition from Industrial Court, Thane under Section 12 of the Act, on April 7, 1977 for the Companys undertaking at Bhandup. While the first respondent-Union was acting as such recognised union, many of the workers claimed that they had resigned from the said Union and formed a new union called the Automobile Products of India Employees Union which is the appellant-Union and registered it on January 7, 1981 under the Trade Unions Act, 1926. On October 9, 1981, the appellant-Union made an application to the Industrial Court, Thane under Section 13(l)(ii) of the Act for cancellation of the recognition of the first respondent-Union on the ground that the latter