Law:

Section:

Industrial Relations Act (IV of 2008)--- ----Ss. 25(8)(g) & 42---National Industrial Relations Commission (Procedure and Functions) Regulations, 1973, Regln.32(2)(c)---Unfair labor practice by the employers, petition against---Stay order, grant of---Petitioner, was industry-wise Trade Union, and was Collective Bargaining Agent in respect of Establishment---Thousands of persons had joined the petitioner union and had obtained its membership, and presently 511 employees of another establishment, were members of the petitioner union---Said one Establishment had retrenched the employees---Petitioner union served notice upon employer in respect of charter of demands---Employer neither resolved the industrial dispute nor responded the same positively---Petitioner union, alleged that Establishment started harassments, victimization against the office bearers and members of the petitioner union due to their trade union activities; and the petitioner union filed petition under S.25(8)(g) of Industrial Relations Act, 2008 along with petition for interim stay order which was granted to the petitioner other establishments denied the allegations by the petitioner union that those were sister concerns of one Establishment---Held, petitioner union, being registered and certified in respect of one employer/establishment, legally could not make members or represent the workers employed in other establishments, which were separate and independent companies---No provision of law existed in Industrial Relations Act, 2008 that a union could extend its membership to another establishment---Different unions could form a federation, but nowhere in law it was provided that a Trade Union of workers of a particular establishment could extend its membership to employees of another establishment---No prima facie case of stay order against other establishment had been made out, in circumstances---Petitioner union which was Collective Bargaining Agent of the workmen employed by one establishment, had been able to prima facie establish a case of unfair labour practice against said establishment---Interim stay order passed by Bench of Commission in that respect was confirmed, and concerned…

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