1. This petition was admitted on 27th June 2005 and the hearing was expedited. Accordingly, it was placed for hearing and final disposal before me.

2. By this petition under Article 226 of the Constitution of India, the petitioner is challenging the judgment/award dated 23rd November 2004 delivered by Member Industrial Tribunal, Mumbai in Complaint (I.T) No.2 of 1996. The complaint was filed by the petitioner in the Industrial Tribunal invoking jurisdiction of the said Tribunal under section 33A of the Industrial Disputes Act, 1947 (I.D.Act for short).

3. The petitioner is original complainant and the predecessor of the respondent before this Court, M/s.Sandoz (India) Ltd. was the original respondent/opponent.

4. In the complaint, the petitioner alleged that he is an employee of the company since 1983. He is working as Medical Representative at Agra. He was working at that location for several years.

5. In para 2 of the complaint, it is stated that the petitioner is a member of the Association of Chemical Workers (ACW), a Trade Union registered under the Trade Unions Act, 1926 having its registered office at Mumbai. It is an Association representing the workmen of the com