M/s. AGHA & CO. CONTRACTORS and 4 others vs M/s. MARI GAS CO. LTD.
This matter concerns five petitions for leave to appeal against a High Court judgment that upheld the registration of a trade union representing employees of twelve independent contractors. The petitioners, who are independent contractors engaged by Mari Gas Co. Ltd. for security arrangements, challenged the registration certificate granted to the respondent trade union, which comprised workers employed by these twelve distinct contractors. The petitioners contended that a trade union cannot be legally formed by workers employed at different establishments run by several independent employers, arguing that such a union lacks the requisite unity of employer. The core legal question before the Supreme Court is whether a trade union can be validly established by workers employed at different establishments owned or operated by several independent employers. The Court, recognizing the general importance of this issue regarding the interpretation of trade union formation under labor laws, granted leave to appeal to determine the legality of such a collective bargaining unit structure. The proceedings focus on the statutory requirements for trade union registration and the definition of an establishment in the context of multiple independent employers.
- Whether a trade union can be established of workers employed at different establishments owned or run by several independent employers?
ORDER
' SALEEM AKHTAR, J.---This order will dispose of all the five petitions in which facts and questions of law are identical.
2. The petitioners seek leave to appeal against the judgment of the learned Judges of the Division Bench of the High Court whereby their petitions challenging the order passed by respondent No, 2 cancelling the registration certificate granted in favour of respondent No, 1 were dismissed. The petitioners claim to be independent contractors employed by M/s. Mari Gas Co Ltd. To undertake security arrangements of the various wells of the gas company. There are twelve such contractors including the petitioners and they claim that each one of them is independent of the other.
Respondent No, 1 in each of these petitions is the registered trade union by the name of Mary Gas Co. Ltd. Contractors Mazdoor Union comprising of all the employees of the twelve contractors, allegedly employed as Chowkidars at the gas company. Respondent No, 2 granted registration certificate to respondent No,1 on 2-9-1987. The petitioners applied for cancellation of the certificate, but their application was dismissed. Their main contention was that -a trade union can be established of workers employed at different establishments owned or run by the same employer.
The question raised is of general importance and we grant leave to consider the following question:-- ' Whether a trade union can be established of workers employed at different establishments owned or run by several independent employers ?