"16. A plain reading of sub-section (1) of
Section 28 would show that any union or any
employee or any employer or any Investigating
Officer aggrieved by act of any person who is
engaged in or is engaging in any unfair labour
practice may file a complaint within 90 days of
occurrence of such unfair labour practice
before the competent Court. Section 28 of
course has to be read with other provisions of
M.R.T.U. and P.U.L.P. Act including Sections
20 and 21, but where the alleged unfair labour
practice in the complaint is not covered by
Sections 20 and 21, it is clear that any
affected employee in an undertaking to which
Industrial Disputes Act applies or in an
undertaking to which Bombay Industrial
Relations Act, as the case may be may file
complaint aggrieved by an unfair labour
practice and it cannot be said that such
complaint has to be filed by a recognised union
or representative union. As already indicated
above, in the present case, the employee
belongs to an undertaking to which Bombay
Industrial Relations Act applies and he has
challenged his transfer order whereby he has
been transferred by the employer from Nasik to
Bombay, and, according to the employee such
transfer order is unfair labour practice under
Items 3 and 9 of Schedule IV of the M.R.T.U.
and P.U.L.P. Act. Obviously and apparently
such complaint is not covered by Section 21(2)
of the Act and, therefore, there being no other
bar under M.R.T.U. and P.U.L.P. Act in filing
such complaint by an affected employee, it
