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2004 Supreme(Bom) 994

NISHITA MHATRE
Woollen Kamgar Sanghatana & others – Appellant
Versus
Seth Industries Ltd. & others – Respondent


JUDGMENT - MHATRE NISHITA (Smt.), J.: - The dispute in this petition pertains to whether an unrecognised union in the Woollen Textile Industry can file a complaint under Item 9 of Schedule IV of the MRTU PULP Act claiming wages for workmen who they represent. The Industrial Court has dismissed the complaint on the basis of the judgment of the Supreme Court in (Shramik Utkarsh Sabha v. Raymond Woollen Mills Ltd.)1, 1995(3) Bom.C.R. 450. The Industrial Court has held that no other union but the representative union under the Bombay Industrial Relations Act (for short, 'BIR Act') or a recognised union under the MRTU PULP Act can file a complaint claiming wages on behalf of the workmen employed in the Woollen Industry under Item 9 of Schedule IV of the MRTU PULP Act.

2.It appears that in April 1986, respondent No. 1 i.e., Seth Industries Limited, and respondent No. 2 i.e., Seth Textiles (against whom the writ petition has been dismissed on 12-3-2001 and no steps have been taken to get it resorted) stopped providing work to the employees and did not pay the monthly wages. A complaint was filed in 1986 by the Woollen Mill Kamgar Union, a trade union representing the workmen at tha




























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