JUDGMENT

BHARUCHA, J.:—Delay condoned.

2. Leave granted.

3. The question for consideration in this appeal is : does a representative union under the Bombay Industrial Relations Act, 1946 (BIR Act) have the exclusive right to represent the employees of the concerned industry in complaints relating to unfair labour practices under the Maharashtra Recognition of Trade Unions And Prevention of Unfair Labour Practices Act, 1971 (MRTU & PULP Act) other than those specified in items 2 and 6 of Schedule IV thereof ?

4. The question arises in an appeal by special leave against the judgment and order of the High Court at Bombay dismissing a writ petition filed by the appellant.

5. The first respondent is a public limited company with an industrial establishment at Bombay. It is covered by the provisions of the B.I.R. Act. The second respondent is a trade union recognised as the representative union for the concerned industry under the provisions of the BIR Act. The appellant is a trade union registered under the provisions of the Trade Unions Act, 1926.

6. The first respondent filed a complaint before the Industrial Court alleging the unfair labour practices mentioned in items 5 and 6 of Sche