This petition challenges an order passed by the Industrial Court at Thane on a complaint of unfair labour practices under the Maharashtra Recognition of Trade Unions And Unfair Labour Practices Act, 1971 (“Act”). The impugned order allows the Respondent's complaint and sets aside orders of transfer issued to six concerned workmen on 3 April 2017. The impugned order is challenged only on the ground of want of locus on the part of the Respondent union to represent the case of individual employees of the Petitioner company.

2. On 3 April 2017, the Petitioners transferred six security guards employed by them. These transfer orders were challenged before the Industrial Court at Thane by the Respondent union under Section 28 read with Item Nos.3 and 9 of Schedule IV of the Act. The Petitioners challenged the locusstandi of the Respondent union on the ground that it was not a union within the meaning of Section 3(17) read with Section 22 of the Trade Unions Act, 1926. The Industrial Court by its impugned order rejected the Petitioners' objection on the ground of locusstandi of the complainant union and quashed the transfer orders by allowing the complaint. That order, as noted ab