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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AMIT BORKAR
BEST Workers Union – Appellant
Versus
BEST Undertaking – Respondent
| Table of Content |
|---|
| 1. introductory facts of writ petitions (Para 1 , 2 , 3 , 4 , 5) |
| 2. petitioner's arguments on union representation (Para 6 , 7 , 8 , 9 , 10) |
| 3. respondent's contention and legal references (Para 11 , 12 , 14 , 15) |
| 4. court's observations on statutory scheme (Para 16 , 18 , 19 , 20 , 21) |
| 5. distinction between individual and collective disputes (Para 22 , 23 , 24 , 27 , 29) |
| 6. consequences of allowing non-represented unions (Para 30 , 31 , 32 , 33) |
| 7. final order and relief granted (Para 34) |
JUDGMENTS :
AMIT BORKAR, J.
1. Both the writ petitions challenge the same Judgment and Order and, therefore, are being decided by this common Judgment. For the sake of convenience, Writ Petition No.1457 of 2015 is treated as lead petition, and the facts of the said petition are taken as the basis for narration.
2. The petitioner in Writ Petition No.1457 of 2025-Union, being aggrieved by the impugned order dated 27 January 2015 passed by the Industrial Court, has instituted the present writ petition, calling in question the legality and propriety of the said order, whereby an unrecognised Union has been permitted to prosecute a dispute of a collective nature.
3. Relevant facts narrated by th
Recognised unions exclusively represent collective disputes under the Maharashtra Industrial Relations Act, prohibiting unrecognised unions from participation.
The court upheld the principle of collective bargaining, ruling that workmen represented by a union cannot independently file claims against their union, ensuring industrial peace and effective repre....
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....
for a complaint to be maintainable under the MRTU and PULP Act, admitted employer and employee relationship is a pre-condition. The provisions of the MRTU and PULP Act can be enforced only after the ....
Cognizance of offence u/s 48(1) of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, cannot be taken by the Labour Court unless a complaint disclosing f....
Trade Unions must reflect majority strength for negotiations; prior recognition does not grant exclusivity, emphasizing collective bargaining principles.
The Industrial Disputes Act, 1947 prevails over the Advocates Act, requiring express consent and court leave for legal representation in industrial disputes.
The court clarified that direct prior demands are not mandatory for initiating conciliation and that the contractor-worker relationship can be adjudicated in the context of unfair labor practices and....
The court ruled individual workmen can settle disputes but such settlements are not binding on the union or non-signatory workmen, reaffirming the importance of collective bargaining.
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