( 1 ) BY this petition, the petitioners challenges the judgment and order dated 28th February 2002 passed by the learned Member industrial Court, Mumbai dismissing their complaint bearing ULP No. 405 of 2000 as not maintainable. The facts giving rise to the petition are summarised below :-

( 2 ) RESPONDENT No. 1 runs a hotel by name Horizon Beach Hotel at Juhu, mumbai. Respondent Nos. 2 to 4 are the directors of the respondent No. 1. Petitioner No. 2 is one of the employees of respondent No. 1. The petitioner no. 1 is a trade union which claims to represent the workmen of the respondent no. 1. The claim, as can be seen later, is disputed by the respondents.

( 3 ) IN June 1999, the industrial relations between the management of the respondent No. 1 and its workmen became strained. According to the respondent no. 1 on or about 17th June 1999, the workmen resorted to an illegal strike, while according to the workmen it was the management that was preventing the workmen from attending the work. On 10th July 1999, Bharatiya Kamagar karmachari Sangh, the recognized union representing the workers of the respondent No. 1, filed a complaint against the respondents alleging that they were ind

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