Case Note & Summary
The petitioner, Maharashtra General Kamgar Union, a registered trade union, filed a complaint under the Maharashtra Recognition of Trade Unions and Unfair Labour Practices Act, 1971 (ULP Act) before the Industrial Court, Mumbai, alleging unfair labour practices by the respondents. The respondents were Royal Western India Turf Club Ltd. (respondent no.1), a public limited company conducting horse races; respondent no.2, a public limited company of horse owners; and respondent no.3, a public limited company of horse trainers. The complaint alleged that workmen employed by respondent no.3 in training horses were employees of respondent nos.1 and 2, and that the respondents had engaged in unfair labour practices under Item 6 of Schedule II and Item 9 of Schedule IV of the ULP Act. The respondents filed separate written statements: respondent nos.1 and 2 denied that the employees of respondent no.3 were their employees and denied the allegations; respondent no.3 admitted the employees were its own but denied unfair labour practices. In March 2001, respondent no.1 moved an application citing the Supreme Court's judgment in Vividh Kamgar Sabha v. Kalyani Steels Ltd., 2001 I CLR 532, arguing that the Industrial Court lacked jurisdiction because the ULP Act applies only to 'industries' as defined under the Industrial Disputes Act, 1947 (ID Act), and horse racing is not an 'industry'. The Industrial Court allowed the application and dismissed the complaint for want of jurisdiction. The petitioner challenged this order by way of a writ petition before the Bombay High Court. The High Court, after hearing arguments, upheld the Industrial Court's decision. The court held that the ULP Act's jurisdiction is co-extensive with the ID Act's definition of 'industry', and following the Supreme Court's ruling in Vividh Kamgar Sabha, horse racing is not an 'industry' under Section 2(j) of the ID Act. Therefore, the Industrial Court had no jurisdiction to entertain the complaint. The writ petition was dismissed.
Headnote
A) Industrial Law - Jurisdiction - Unfair Labour Practice - Maharashtra Recognition of Trade Unions and Unfair Labour Practices Act, 1971 - Sections 5, 7, Schedule II Item 6, Schedule IV Item 9 - The Industrial Court dismissed a complaint for want of jurisdiction, relying on the Supreme Court's decision in Vividh Kamgar Sabha v. Kalyani Steels Ltd. which held that the ULP Act applies only to 'industries' as defined under the Industrial Disputes Act, 1947. The High Court upheld this view, noting that the horse racing industry is not an 'industry' under the ID Act, and therefore the Industrial Court lacked jurisdiction. (Paras 1-5) B) Industrial Law - Definition of Industry - Horse Racing - Industrial Disputes Act, 1947 - Section 2(j) - The court considered whether horse racing constitutes an 'industry' under the ID Act. Following the Supreme Court's ruling in Vividh Kamgar Sabha, the court held that horse racing is not an 'industry' as it is a recreational activity and not a systematic activity for production or distribution of goods or services. (Paras 3-5) C) Industrial Law - Unfair Labour Practice - Complaint - Maintainability - Maharashtra Recognition of Trade Unions and Unfair Labour Practices Act, 1971 - The petitioner's complaint under the ULP Act was dismissed as not maintainable because the respondent's establishment was not an 'industry' under the ID Act. The High Court affirmed that the ULP Act's jurisdiction is co-extensive with the ID Act's definition of 'industry'. (Paras 1-5)
Issue of Consideration
Whether the Industrial Court had jurisdiction to entertain a complaint under the Maharashtra Recognition of Trade Unions and Unfair Labour Practices Act, 1971, in respect of employees engaged in horse training activities, given that the horse racing industry may not be an 'industry' under the Industrial Disputes Act, 1947.
Final Decision
The High Court dismissed the writ petition, upholding the Industrial Court's order that it had no jurisdiction to entertain the complaint under the ULP Act.
Law Points
- Jurisdiction of Industrial Court under ULP Act
- Definition of 'industry' under Industrial Disputes Act
- Applicability of ULP Act to horse racing
- Effect of Supreme Court judgment in Vividh Kamgar Sabha v. Kalyani Steels Ltd.
