Chapter: 2.4.12 On the Part of Trade Unions in the M.R.T.U.P.U.L.P.

On the Part of Trade Unions

• The above subject is dealt by Schedule III of the MRTU and PULP Act, 1971 and the Fifth Schedule of the Industrial Disputes Act, 1947.
• The following are instances of Unfair Labour Practice.
• Refusal to bargain collectively and indulgence in coercive activities.
• In the case,
Brilwn Mumbai Nagari Sahakari Bank Asso. Ltd.
V.
Co. operative Bank En,zployees Union
1991I CLR 950. (Bom. He)

• the Unfair Eabour Practice being under item 3 and 5 of Schedule. III of the MRTU and PULP Act, 1971, it was seen that, Petitioner obtained an order of injunction restraining the respondent union from in any manner coercing, threatening or pressuring member banks.
• Respondent union .. strike of Yashwant Cooperative Bank.
• Whether this amounts to disobedience of Industrial Court's order of injunction....the Complaint was under Item 5 of Sch. III Coercive actions are mentioned in the said item.
• Strike is not an item, there can be no scope for any action.
• The High Court observed that, 'The complaint was in respect of Items 1,3 and 5 of Schedule III of the Act. As regard item 1 no relief is pressed. Item No.3 relates to, refusal of Union to bargain collectively in good faith.
• This is not the complaint in this petition.
• As far as the last item no. 5 is concerned that relates to coercive actions such as wilful go-slow, squatting on the work premises after working hours or 'gherao' of any members of the managerial or other staff.
• 'The Bombay High Court has taken a categorical view that strike is not a matter which would fall within the scope of item No.5 of Sec. III of the act.
• If one has to go by the complaint, it is clear that the order does not cover any strike or threat to strike at all.
• When Tribunal passed the order, the same has to be construed in its own terms with reference to complaint that was before Li)e Tribunal.
• Not a general or a blanket order without any complaint.
• The complaint being or a specified item, the order' passed thereon must necessarily mean to cover such coercive actions as are mentioned in the said item only...strike is not an item, no scope for any action.