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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
R. M. JOSHI
New Panther Kamgar Sena Forbe Housing Society Through Its President – Appellant
Versus
NRB Bearing Pvt Ltd Through Its Managing Director – Respondent
JUDGMENT :
1. By consent of both sides, heard finally at the stage of admission.
2. This petition takes exception to the order passed below Exhibit C-42 whereby application filed by the petitioner - Trade Union to add itself as a party to the proceeding bearing application MRTU No. 1/2015 for seeking recognition filed by Respondent No. 2, came to be rejected by the Industrial Court, Jalna.
3. The petitioner claims to be a trade union registered under the Trade Unions Act. It also claims to be representing the employees of respondent No. 1 Company. Such claim of membership of these employees is from year 2018. It is the case of the petitioner that respondent No.3 (Panther Power Kamgar Sanghatana) was existing in the Company at the relevant time and was representing the workmen of the company. It however became defunct and hence the petitioner is entitled to be joined itself as a party to the proceedings filed for recognition filed by the respondent No.2 (All Marathwada Kamgar Union). Therefore, an application was filed vide Exhibit C-42 to make petitioner party to the said proceedings. The said application came to be rejected on the ground that the petitioner Union was not in existence
A trade union must exist at the time of application for recognition to raise objections; membership must be proven for the preceding six months.
Recognised unions exclusively represent collective disputes under the Maharashtra Industrial Relations Act, prohibiting unrecognised unions from participation.
Judicial review does not substitute the decision of inferior authorities unless proven to be illegal, irrational, or procedurally improper.
Point of law: If the Registrar is satisfied that the certificate is obtained by fraud or mistake or the Union has ceased to exist, is not the circumstance here and further has willfully and after not....
Trade Unions must reflect majority strength for negotiations; prior recognition does not grant exclusivity, emphasizing collective bargaining principles.
Only registered trade unions have the authority to designate workmen as 'protected workmen' under the Industrial Disputes Act, and individual workmen cannot independently seek this status.
Recognized Trade Unions cannot monopolize negotiations; any Union with over 20% support must be included in collective bargaining.
The court affirmed that adherence to procedural requirements in union recognition processes is essential and that existing unions are not adversely affected by new recognition efforts.
Termination from service - Misconduct – As per provisions of ID Act at a time when Union had continued to enjoy its corporate body status cannot be said to be in any manner vitiated merely because Un....
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