impugned order the complaint preferred by the
unrecognised union has been determined and that
order has been challenged in the present petition.
Whereas the complaint of the recognised union is
still pending. There are certain issues which are
pertaining to the validity of the settlement signed
by the recognised union and that the said issues are
more important to be determined in the present
proceedings and in light of the fact that the
recognised union itself has filed a complaint
challenging the said settlement, the issues must be
considered by the Industrial Court together in both
the complaints i.e. Complaint (ULP) No. 317 of
2005 and Complaint (ULP) No 428 of 2005. The
recognised union is present in Court and they make a
statement that they will prosecute the complaint
pending before the Industrial Court. In the light
of the aforesaid, I am of the opinion that the
impugned order dated 15.2.2006 be quashed and set
aside and the matter be remanded back to the
Industrial Court, Mumbai with a direction that the
Complaint (ULP) No. 317 of 2005 peferred by the
recognised union and Complaint (ULP) No. 428 of
2005 preferred by the petitioner union be heard and
disposed of expeditiously and in any event on or
before 30.7.2006. The present order is passed with
the concurrence of all the parties.
