JUDGMENT :

1. This writ petition is preferred by the petitioner-union against respondent No. 2 challenging the order dated 23rd January, 1987, passed by the Industrial Court, Bombay. Few facts which are germane to the main issue are as under :

2. The present petitioner-union filed a complaint being Complaint (ULP) No. 692 of 1986 against respondent No. 2 - M/s. Rashtriya Chemicals & Fertilizers Ltd., Bombay, respondent No. 3 - M/s. K. M. Alwa & Co., (Canteen Contractors) and respondent No. 4 - M/s. Gambir Catering Services, alleging that these respondents indulged in unfair labour practice under Item No. 6 of Schedule-II and Item Nos. 9 and 10 of Schedule-IV of M.R.T.U. & P.U.L.P. Act of 1971 (hereinafter for the sake of brevity referred to as 'the said Act of 1971'). It was averred in the said complaint that respondent No. 2 is conducting a canteen for its employees. Till May 1983, the said canteen was conducted by the department of respondent No. 2, but subsequently both the employees as well as respondent No. 2 decided to discontinue the said canteen and further decided that the said canteen should be run by contractor in the general interest of the employees. In view of the afore