Bombay High Court
Bhimrao Maroti Pukle & Ors vs Dhule Textile Mills on 3 November, 2017
Bench: R.V. Ghuge
(1) WP No.5885/2004
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD.
WRIT PETITION NO. 5885 OF 2004
WITH
CIVIL APPLICATION NO. 4711 OF 2006
WITH
CIVIL APPLICATION NO. 4712 OF 2006.
1. Bhimrao Maroti Pukle
Age : 52 years, occu.: retired mill employee
R/o Narayan Master Chawl, Chittod Road,
Dhule, District Dhule.
2. Lalchand Narottam Patil
Age : 51 years, occu.: retired mill employee
R/o Ahilya Devi Nagar, Near Ganesh
Still Bhandar, Dhule
3. Devidas Sukhdev Wagh
Age : 54 years, occu.: retired mill employee
R/o Siddharth Nagar, Chittod Road,
Dhule.
4. Ashok Dashrath Sonawane
Age : 44 years, occu.:retired mill employee
R/o Lelabai Chawal, Taluka and
District Dhule.
5. Ramesh Narayan Kakade
Age : 57 years, occu.: retired mill employee
R/o Dhule Textile Mill, Dagadi Chawl,
Taluka and District Dhule. Petitioners.
Versus
::: Uploaded on - 08/11/2017 ::: Downloaded on - 09/11/2017 01:17:21 :::
(2) WP No.5885/2004
1. Dhule Textile Mills (A unit of
National Textile Corporation)
Station Road, Dhule.
Through its General Manager.
2. Rashtriya Mill Mazdor Sangh
R/o Netaji Chawl, Chalisgaon,
District Jalgaon.
Through its Secretary. Respondents
***
Mr. I.A. Chandorikar, Advocate holding for
Mr. P.R. Patil, Advocate for the petitioners.
Mr. M.N. Nawandar, Advocate for respondent No.1.
Mr. V.R. Mundada, Advocate for respondent No.2.
***
CORAM : RAVINDRA V. GHUGE
AND
SUNIL K. KOTWAL, JJ.
Dated : 03-11-2017.
ORAL JUDGMENT (PER RAVINDRA V. GHUGE) :-
1. We have heard the learned Counsel for the
petitioners for some time. The petitioners have prayed that a
direction be issued to Rashtriya Mill Mazdoor Sangha, a
registered Trade Union, that it should restrain from deducting
3% of the union contribution from the Voluntary Retirement
(3) WP No.5885/2004
Scheme package. It is also prayed that respondent No.1-Dhule
Textile Mills should be directed not to assist the Union in
deducting the said contribution at source while making the
payment of their Voluntary Retirement Scheme package.
2. We find that the Union had desired to deduct 3% from
the Voluntary Retirement Scheme package as 'union contribution' on
the ground that the Union had laboured and exerted for obtaining the
Voluntary Retirement Scheme package for these workers. The
dispute essentially is between the petitioners and their Union as the
money to be deducted is to go to the Union as 'union contribution'.
3. Since we find that the petitioners have an efficacious
statutory remedy and this Court cannot enter into a dispute
between the workers and their Union registered under Trade
Unions Act, under Article 226 of the Constitution of India,
learned Counsel for the petitioners submits that this Petition
may be disposed of with liberty to the petitioners to raise an
industrial dispute under Section 2 (k) of the Industrial Disputes
Act, 1947.
(4) WP No.5885/2004
4. Learned Advocates for the respondents have no
objection.
5. Considering the above, this Petition is disposed of
with liberty to the petitioners to raise an industrial dispute under
Section 2 (k) of the Industrial Disputes Act, 1947 before the
appropriate Authority. We make it clear that we are not
expressing any view about the merits of the claims made in this
petition.
6. Rule is discharged.
7. Pending Civil Applications do not survive and stand
disposed of.
( SUNIL K. KOTWAL) ( RAVINDRA V. GHUGE)
JUDGE JUDGE
vdd/
