SHARMIK UTTARSH SABHA versus RAYMOND WOOLLEN MILLS LTD. AND ORS.

SHARMIK UTTARSH SABHA versus RAYMOND WOOLLEN MILLS LTD. AND ORS.

A union other than the representative union under the Bombay Industrial Relations Act, 1946, cannot appear in proceedings relating to unfair labour practices under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 with respect to undertakings governed by the BIR Act. The relevant statutory provisions must be read together to facilitate collective bargaining by the representative union, and the statutory embargo restricts representation to the recognised/representative union except in individual employee disputes.

Parties
Appellant: Sharmik Utarsh Sabha; Respondent No. 1: Raymond Woollen Mills Ltd.; Respondent No. 2 (representative Union): (Unnamed Trade Union)
Jurisdiction
India
Judgment Date
07 February 1995
Procedural Posture
Civil Appeal / Appeal Against Dismissal of Writ Petition by Bombay High Court
Outcome
Appeal dismissed
Legal Topics
Trade Union Representation, Unfair Labour Practices, Collective Bargaining, Recognition of Unions
Labour Law Trade Union Representation Unfair Labour Practices Collective Bargaining Recognition of Unions

Case Brief

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Parties

Sharmik Utarsh Sabha

Appellant

Raymond Woollen Mills Ltd.

Respondent No. 1

(Unnamed Trade Union)

Respondent No. 2 (representative Union)

Procedural Posture

Civil Appeal / Appeal Against Dismissal of Writ Petition by Bombay High Court

Legal Issues

  1. 1 Whether a union other than the representative union under the Bombay Industrial Relations Act, 1946, can appear in proceedings relating to unfair labour practices under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, except those specified in items 2 and 6 of Schedule IV.

Ratio Decidendi

A union other than the representative union under the Bombay Industrial Relations Act, 1946, cannot appear in proceedings relating to unfair labour practices under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 with respect to undertakings governed by the BIR Act. The relevant statutory provisions must be read together to facilitate collective bargaining by the representative union, and the statutory embargo restricts representation to the recognised/representative union except in individual employee disputes.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs