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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

WRIT PETITION NO. 2893 of 2002

WRIT PETITION NO. 2893 of 2002

WRIT PETITION NO. 2893 of 2002

Abbubhakar Irshad Ali & Anr. .. Petitioners

versus

Trafalgar House Construction & Ors. .. Respondents

...

Mr.R.D. Bhat for the petitioner

Mr.J.P. Cama with P.C. Pavaskar for the respondent

nos.1 to 4.

CORAM : D.G. KARNIK,J.

DATED : 18th July 2005.

ORAL JUDGEMENT:-

ORAL JUDGEMENT:-

ORAL JUDGEMENT:-

1. By this petition, petitioners challenge the

judgement and order dated 22nd July 2002 passed by

the Industrial Court, Mumbai dismissing the two

complaints of the petitioners bearing complaint no.

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47 of 1999 and 1295 of 2000.

2. Respondent no.1 is a public limited company

which has merged with the respondent no.2 company.

Respondent nos.3 and 4 are a director and a manager

respectively of respondent no.2.

3. Petitioner no.1 was a past employee of the

respondent no.1/2 and petitioner no.2 is an

unrecognised union which is espousing cause of

petitioner no.1 and about 135 other workmen whose

names are mentioned at Exhibit-A to the petition.

4. The respondent no.2 is engaged in the

business of Civil construction. The respondent nos.2

takes contracts for civil engineering works at

different places all over India. The respondent no.2

has a workforce of some permanent workmen. The

respondent no. 2 also engages on temporary basis

workers at different contract sites according to its

needs. They are engaged for temporary periods only

till the completion of the work at contract site.

After the work contract site is over, services of

temporary workmen are terminated. It is however the

case of the petitioners that the services of all

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temporary workmen are not terminated immediately on

termination of a site contract but some of the

workmen who are needed at different sites are

recalled and engaged at the other sites as and when

the work is available.

5. Majority of the workmen of the respondent

no.2 are affiliated to Engineering Mazdoor Sabha, a

representative union of workmen recognised under

Chapter III of the Maharashtra Recognition of Trade

Unions and Prevention of Unfair Labour Practices Act,

1971 (for short ’the ULP Act’). On 14th January

1999, the petitioner no.1 along with one other filed

a complaint bearing ULP no.47 of 1999 alleging that

the respondent nos.1 to 4 were indulging in unfair

labour practices under item 6 of schedule II and

items 5, 6, 9 and 10 of schedule IV of the ULP Act.

Feeling that it was necessary to join a trade union

as a party complainant, the petitioner no.1 along

with petitioner no.2 - an unrecognised trade unio