Advocates:
['SMT GAYATRI SINGH AND', '', 'SHRI COLIN GONSOLVES', 'SHRI O S KUTTY', '', 'THE ADDL G P', 'R NO IS FORMAL PARTY', 'W P STANDS DISMISSED AS', 'AGAINST R NO VIDE ADDL', REG'S ORDER DT]

: 1 :

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO.6001 OF 1996

WRIT PETITION NO.6001 OF 1996

WRIT PETITION NO.6001 OF 1996

1. Woollen Kamgar Sanghatana

having its office at

c/o. Kashtakari Yuvak Sangathana

Saki Naka Pipe Line, Sakinaka

Andheri (E), MUMBAI

2. Sushma Sharad Vartak

residing at Keshav Patil Chawl

Jalgaon Wadi, Manvelpada, Virar

Thane

3. Bansidhar R. Vishwakarma

residing at Room No.25,

Keshav Nagar, Near Vaishali Nagar

Ghartanpada, Dahisar (E)

Thane ... Petitioners

V/s.

1. Seth Industries Ltd.

having its factory at

Simplex Mills Compound, Dahisar (E)

Mumbai

2. Seth Textiles

(deleted)

3. Shri K.D. Kochargaonkar

Member, Industrial Court, Thane

4. State of Maharashtra

through the Secretary of

Textile Minisry, Mantralaya

Mumbai ... Respondents

Ms.Gayatri Singh for Petitioners

Mr.O.S. Kutty for Respondent No.1

CORAM: SMT.NISHITA MHATRE, J.

SMT.NISHITA MHATRE, J.

SMT.NISHITA MHATRE, J.

DATED: JULY 19, 2004

JULY 19, 2004

JULY 19, 2004

ORAL JUDGMENT:

ORAL JUDGMENT:

ORAL JUDGMENT:

. The dispute in this petition pertains to whether

an unrecognised union in the Woollen Textile Industry

can file a complaint under Item 9 of Schedule IV of the

: 2 :

MRTU & PULP Act claiming wages for workmen who they

represent. The Industrial Court has dismissed the

complaint on the basis of the judgment of the Supreme

Court in Shramik Utkarsh Sabha v/s. Raymond Woollen

Shramik Utkarsh Sabha v/s. Raymond Woollen

Shramik Utkarsh Sabha v/s. Raymond Woollen

Mills Ltd. & Ors., 1995 I CLR 607.

Mills Ltd. & Ors., 1995 I CLR 607.

Mills Ltd. & Ors., 1995 I CLR 607. The Industrial

Court has held that no other union but the

representative union under the Bombay Industrial

Relations Act (for short, ‘BIR Act’) or a recognised

union under the MRTU & PULP Act can file a complaint

claiming wages on behalf of the workmen employed in the

Woollen Industry under Item 9 of Schedule IV of the MRTU

& PULP Act.

2. It appears that in April 1986, respondent No.1

i.e., Seth Industries Limited, and Respondent No.2 i.e.,

Seth Textiles (against whom the Writ Petition has been

dismissed on 12.3.2001 and no steps have been taken to

get it restored) stopped providing work to the employees

and did not pay the monthly wages. A complaint was

filed in 1986 by the Woollen Mill Kamgar Union, a trade

union representing the workmen at that point of time

against Seth Textiles regarding non-payment of wages

from the month of May 1986 onwards. The Complaint was

allowed by the Industrial Court, declaring that the

Company had committed an unfair labour practice. It is

not clear from the material before me whether a similar

complaint was filed against Seth Industries.

: 3 :

3. In 1987, Respondent No.1 filed a Reference