JUDGMENT :

1. This is a writ petition under Articles 226 and 227 of the Constitution of India preferred by Mafatlal Engineering Industries Limited (hereinafter referred to as "the Company"). The Petition is directed against an order dated February 3, 1989 passed by the Member, Industrial Court, Thane in Complaint (ULP) No. 168 of 1986. The 1st Respondent Trade Union to this writ petition was the Original Complainant before the Trial Court and the 2nd Respondent to this Writ Petition was Respondent No. 5 to the proceeding before the Lower Court. Respondent No. 4 Mumbai Mazdoor Union was the recognised union within the framework of Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as "the M.R.T.U. and P.U.L.P. Act") and has, therefore, been cited as a party-Respondent to this proceeding. The 4th Respondent has neither appeared before the Trial Court nor before this Court, nor are there any pleadings on it behalf. The contest is essentially between the 1st Respondent, which claims to have been the original representative of the employees in this particular industry and which, admittedly, is a registered trade union on t