AUTOMOBILE PRODUCTS OF INDIA EMPLOYEES UNION versus ASSOCIATION OF ENGINEERING WORKERS, BOMBAY AND ORS.

AUTOMOBILE PRODUCTS OF INDIA EMPLOYEES UNION versus ASSOCIATION OF ENGINEERING WORKERS, BOMBAY AND ORS.

The Industrial Court's order granting recognition by secret ballot was prima facie illegal as it breached mandatory provisions of the Act. Consent of the parties cannot substitute statutory procedure; recognition should be based on prescribed legislative process.

Parties
Appellant Union: Automobile Products of India Employees Union; Respondent Union: Association of Engineering Workers, Bombay; Fourth Respondent Company: Automobile Products of India (Company); Writ Petitioners: Workers (unspecified)
Jurisdiction
India
Judgment Date
27 March 1990
Procedural Posture
Civil Appeal / Final Decision on Appeal; Appeals Dismissed; Matter Remanded to Industrial Court
Outcome
Appeals dismissed; Industrial Court's order set aside; matter remanded to Industrial Court for disposal according to law.
Legal Topics
Trade Union Recognition, Procedure Under Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, 1971, Effect of Consent Procedure Vs Statutory Mandate, Unfair Labour Practice
Labour Law Trade Union Recognition Procedure Under Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, 1971 Effect of Consent Procedure Vs Statutory Mandate Unfair Labour Practice

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Parties

Automobile Products of India Employees Union

Appellant Union

Association of Engineering Workers, Bombay

Respondent Union

Automobile Products of India (Company)

Fourth Respondent Company

Workers (unspecified)

Writ Petitioners

Procedural Posture

Civil Appeal / Final Decision on Appeal; Appeals Dismissed; Matter Remanded to Industrial Court

Legal Issues

  1. 1 Whether the Industrial Court could grant trade union recognition based on secret ballot instead of the statutory procedure
  2. 2 Whether consent of parties can substitute mandatory statutory procedure

Ratio Decidendi

The Industrial Court's order granting recognition by secret ballot was prima facie illegal as it breached mandatory provisions of the Act. Consent of the parties cannot substitute statutory procedure; recognition should be based on prescribed legislative process.

Court Disposition

Appeals dismissed; Industrial Court's order set aside; matter remanded to Industrial Court for disposal according to law.

Orders

  • If any settlements have been arrived at between appellant-union and respondent-company, they will be allowed to run their full course.
  • Appellant-union will not enter into any settlement during the pendency of present proceedings, and any settlement should be entered only with consent of respondent-union, which has not lost its recognition as yet.