Judgment

V. Gopala Gowda, J.

The appellant-Company has questioned the correctness of the judgment and order dated 5.05.2006 passed in L.P.A. No. 141 of 1996 in Writ Petition No. 2733 of 1996 by the Division Bench of the High Court of Judicature at Bombay, affirming the Award dated 08.03.1996 of the Industrial Court, Mumbai in Complaint (ULP) No. 1081 of 1992 raising certain questions of law and urging various grounds in support of the same and prayed to set aside the impugned judgment, order and award of the Industrial Court.

2. The relevant facts are briefly stated to appreciate the rival legal contentions urged on behalf of the parties in this appeal.

The appellant-Company was engaged in shipping business from its premises at Mackinnon Building, Ballard Estate, Mumbai. The activities were divided into ship agency, shipping management, ship owning and operating, travel and tourism, clearing and forwarding, overseas recruitment and property owning and development. It had approximately 150 employees who were all workmen and members of the respondent-Union. The respondent-Union is registered under the provisions of the Trade Union Act, 1926. A letter dated 27.07.1992, purportedly a notic