Case Note & Summary
The petitioner, Adani Electricity Mumbai Ltd., filed a writ petition challenging the orders of reference dated 20th August 2019 passed by the Chief Conciliator under the Maharashtra Industrial Relations Act, 1946 (MIR Act) and subsequent orders of the Industrial Court, Mumbai in Reference (MIR-1C) Nos. 06 and 07 of 2019. The petitioner contended that the MIR Act does not apply to it as it is engaged in generation and supply of electricity. The respondent no. 3, Mumbai Electric Workers Union, raised preliminary objections regarding delay and laches. The court noted that the orders of reference were passed on 20th August 2019, but the writ petition was filed on 17th September 2021, a delay of over two years. The petitioner failed to provide any explanation for the delay. On merits, the court examined the provisions of the MIR Act, particularly Schedule I which lists industries to which the Act applies. Entry 36 of Schedule I covers 'Electricity, Generation, Transmission and Distribution'. The court held that the electricity industry is squarely covered under the MIR Act, and thus the petition lacked merit. The court dismissed the writ petition both on the ground of delay and laches and on merits.
Headnote
A) Industrial Law - Applicability of MIR Act - Electricity Industry - Entry 36 of Schedule I - The issue was whether the Maharashtra Industrial Relations Act, 1946 applies to an electricity company. The court held that the electricity industry is covered under Entry 36 of Schedule I of the MIR Act, and thus the Act applies. The petition challenging the orders of reference was dismissed on the ground of delay and laches as well as on merits. (Paras 1-10)
B) Constitutional Law - Writ Jurisdiction - Delay and Laches - The court held that the writ petition challenging orders of reference dated 20th August 2019 was filed on 17th September 2021, which is grossly delayed. The petitioner failed to explain the delay, and thus the petition was liable to be dismissed on this ground alone. (Paras 2-5)
Issue of Consideration
Whether the provisions of the Maharashtra Industrial Relations Act, 1946 apply to the petitioner company engaged in generation and supply of electricity.
Final Decision
The writ petition is dismissed both on the ground of delay and laches and on merits.
Law Points
- Applicability of MIR Act to electricity industry
- Delay and laches in writ jurisdiction
- Interpretation of Schedule I Entry 36 of MIR Act
Case Details
2022 LawText (BOM) (05) 21
WRIT PETITION NO. 2007 OF 2021
DIPANKAR DATTA, CJ, M. S. KARNIK, J.
Mr. J. P. Cama, Senior Advocate with Mr. Avinash K. Jalisatgi, Mr. Vaibhav Jagdale and Mr. R. N. Shah i/b. Mr. Siddhesh S. Shetye for the petitioner. Mr. Himanshu B. Takke, AGP with Mr. Manish Upadhye, AGP for respondent nos. 1 and 2 (State). Mr. A. V. Bukhari, Senior Advocate with Mr. Kishorekumar S. Shetty, Mr. B. V. Bukhari and Ms. Fauzia T. Bukhari for respondent no. 3.
Adani Electricity Mumbai Ltd.
The Chief Conciliator, under Maharashtra Industrial Relations Act, 1946 and Ors.
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Nature of Litigation
Writ petition challenging orders of reference under the MIR Act and subsequent proceedings before the Industrial Court.
Remedy Sought
Striking down the orders of reference dated 20th August 2019 and all subsequent orders passed by the Industrial Court, Mumbai in Reference (MIR-1C) Nos. 06 and 07 of 2019.
Filing Reason
The petitioner contended that the MIR Act does not apply to it as it is engaged in generation and supply of electricity.
Previous Decisions
Orders of reference dated 20th August 2019 were passed by the Chief Conciliator under the MIR Act, and subsequent orders were passed by the Industrial Court, Mumbai.
Issues
Whether the provisions of the MIR Act apply to the petitioner company engaged in generation and supply of electricity.
Whether the writ petition is maintainable given the delay in filing.
Submissions/Arguments
Petitioner argued that the MIR Act does not apply to the electricity industry.
Respondent no. 3 argued that the petition is grossly delayed and should fail on that ground alone, and that the MIR Act applies to the electricity industry under Entry 36 of Schedule I.
Ratio Decidendi
The electricity industry is covered under Entry 36 of Schedule I of the MIR Act, and thus the Act applies. Additionally, the writ petition was grossly delayed without explanation, warranting dismissal on that ground alone.
Judgment Excerpts
This writ petition dated 17th September 2021 tasks us to answer a short point, i.e., whether the provisions of the Maharashtra Industrial Relations Act, 1946 (hereafter 'the MIR Act', for short) applies to the petitioning company, which is engaged in generation and supply of electricity.
Preliminary objections have been raised by the respondent no. 3, Mumbai Electric Workers Union (hereafter 'Union', for short) to the maintainability of the writ petition.
Procedural History
The orders of reference were passed on 20th August 2019. The writ petition was filed on 17th September 2021. Preliminary objections regarding delay were raised by the respondent no. 3.
Acts & Sections
- Maharashtra Industrial Relations Act, 1946: Schedule I, Entry 36
