All India Uco Bank Staff Federation & Anr vs Uco Bank & Anr on 4 March, 2014
The other argument based on collective bargaining by reference to
Chapter III-A, West Bengal Amendment regarding recognition of trade
unions as sole bargaining agent appears to be misconceived. In the first
place, the petitioner has not applied for recognition as a sole bargaining
agent. Secondly the said amended provisions are not applicable in the
instant case. The petitioner has failed to disclose any document to show
that the petitioner has been recognized as a bargaining agent. Moreover,
in Hotel Hindusthan International Employee's & Workers' Union
Vs. State of West Bengal & Ors. reported in 2006 (4) CHN 188 it was
held that that the said provision has no application to Hotel Hindusthan
International. It was held that Hotel Hindusthan International cannot be
regarded as an industrial establishment within the meaning of Rule 2(g)
of the West Bengal Trade Unions Rules, 1998, as it does not satisfy the
requirement of the Explanation to Section 25A of the Industrial Disputes
Act. The concept of industry and an industrial establishment are not
synonymous. If the concept of industry and industrial establishment are
synonymous, then those two expressions would not have been defined
differently in the Act as well as in the rules framed thereunder. The
definitions given to industry as well as industrial establishment in the
Act and the rules thereunder make it clear that those two concepts are
different from each other. Thus, when the application of Chapter IIIA of
the said Act has not been extended to the industry explicitly by
incorporating industry in the said provision, this Court cannot extend
the application of Chapter IIIA to Hotel Hindusthan International which
is not an industrial establishment within the meaning of Rule 2(g) of the
said rules, though the said hotel is an industry within the meaning of
Section 2(aa) of the said Act.