Tata Steel Ltd Vs Maharashtra Shramjivi General Kamgar Union (Bombay High Court)
Bombay High Court held that there is no employer-employee relationship prior to the year 2018 hence industrial court doesn’t have jurisdiction to entertain complaint of unfair labour practice. Thus, writ allowed.
Facts- The Petition raises the usual issue of jurisdiction of Industrial Court to decide Complaint of unfair labour practices filed under the provisions of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (MRTU & PULP Act) when existence of employer-employee relationship is under dispute.
In the present case, the Complaint is filed on behalf of canteen employees working in the canteen established by Petitioner-Company seeking a declaration that they are permanent employees of the Petitioner-Company and are entitled to receive same service benefits as are extended to the permanent employees. Petitioner-Company raised objection to jurisdiction of Industrial Court to decide the Complaint and prayed for framing of preliminary issue about maintainability of Complaint and sought its dismissal. Petitioner-Company also sought vacation of interim order dated 29 November 2019. By impugned order dated 1 October 2021, the Industrial Court has rejected Petitioner-Company’s application and has directed continuation of interim relief till further orders. Aggrieved by Industrial Court’s order dated 1 October 2021, Petitioner has filed the present Petition.
