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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 708 OF 2022

Amol Gaikwad and ors

.. Petitioners

Versus

The State of Maharashtra (thru

Industries Energy Labour Dept & ors

.. Respondents

…

Mr. Prashant Kshirsagar i/b Sarvadnya Legal Associate for the

petitioners.

Mr.P.V. Nelson Rajan, APP for the State.

Mr.Nitin Kulkarni for the respondent.

CORAM: RAVINDRA V. GHUGE, J.

DATED : 31^st JANUARY, 2022

P.C:-

1

Rule. Rule made returnable forthwith and heard

finally by the consent of the parties.

2

The petitioners are permanent employees of the

Company “Bilt Graphics Paper Products Ltd” at Bhigwan. It is

undisputed that respondent no.3 by name “Ballarpur Industries

Employees Union Unit, Bhigwan, is the recognized Union in the

said establishment.

Tilak

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3

By this petition, the petitioners have put forth prayer

clauses 17 (A) and (B) which read as under :-

(A)

That this Hon’ble Court be pleased to issue a writ of

certiorari or any other writ, order or direction calling for the

record and proceeding of the Deputy Registrar of Trade

Unions has in Application No. 03/2020 and after going

thrugh the legality, validity and propriety thereof be pleased

to quash and set aside the impugned judgment dated

29/01/2021 which is at Exhibit “A” to the Petition :

(B)

After going through the documents on record it may

be directed to issue the consent certificate for adjudicating

the matter before the Ld. Industrial Court.

4

The petitioners are before the Court on the basis of an

application filed by them under Regulation 23 (1) of the

Maharashtra Trade Union Regulations, 1927 which are framed

under the Trade Unions Act, 1926. Regulation 23 of the said

Regulations, reads as under :-

“23.

Manner of referring dispute to Industrial Court

under section 28-1A. (1) Any person desiring to

obtain the consent of the Registrar under sub-section

(1) of section 28-1A for the purpose of referring a

dispute to the Industrial Court under that sub-section

shall make an application to the Registrar in Form "K".

(2) On receipt of the application under sub-rule (1),

the Registrar shall make such inquiries as he may deem

fit; and if he is satisfied that any dispute of the nature

referred to in sub-section (1) of section 28-1A exists he

may give his consent in Form "L", called the consent

certificate.

Tilak

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(3) On receipt of the consent certificate under sub-rule

(2), the applicant shall then refer the dispute to the

Industrial Court in Form "M" and enclose therewith

the consent certificate in original.

5

Form “K” is prescribed under Regulation 23(1) for

preferring the application for seeking a consent certificate, under

section 28(1-A), which prescribes the power of the Industrial

Court to decide certain disputes. The said Section reads as

under :-

“28(1-A) Power of Industrial Court to decide certain

disputes – (1)Where there is a dispute as respects whether

or not any person is an office-bearer or member of a

registered trade union (including any dispute relating to

wrongful expulsion of any such office-bearer or member)

or where there is any dispute relating to the property

(including the account books) of any registered trade

union any member of such registered trade union for a

period of not less than six months may, with the consent

of the Registrar, and in such manner as may be

prescribed, refer the dispute to the Industrial Court

constituted under the Bombay Industrial Relations Act,

1956 for decision”.

6

For the sake of brevity, Form “K” is reproduced as

under :-

FORM ‘K’

[See Regulation 23(1)]

TRADE UNIONS ACT, 1926

Applic