In Brief
A trade union (Hind Kamgar Sanghatana) challenged an Industrial Tribunal's decision that it could not raise an industrial dispute because it lacked recognition under Maharashtra's trade union recognition law. The Industrial Tribunal and High Court had upheld this position relying on Section 36 of the Industrial Disputes Act. The Supreme Court found that the High Court had not properly considered whether a union without recognition could still raise disputes, or what happens when an establishment has no recognised union. The Court remitted the matter to the High Court for fresh hearing on these questions, requesting expeditious disposal within six months.
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