Case Note & Summary
The petitioner, Bharatiya Kamgar Sena, filed a writ petition challenging an order dated 4th May 2001 passed by the Member, Industrial Court, Pune, dismissing Complaint (ULP) No.1111 of 1997. The Industrial Court had passed a common order also dismissing Complaint (ULP) No.218 of 1998. The complaints alleged that Respondent Nos.2 to 15 were bogus contractors and that a paper arrangement existed between Respondent No.1 (M/s. Walchand Nagar Industries Limited) and the other respondents, showing that workmen were employed by the contractors. The Industrial Court, relying on the Supreme Court judgments in Vividh Kamgar Sabha v. Kalyani Steels Ltd., 2001 (1) CLR 532 and Cipla Ltd. v. Maharashtra General Kamgar Union, 2001 (1) CLR 754, held that the complaint was not maintainable. The High Court, after considering the pleadings, found no infirmity in the Industrial Court's order and dismissed the writ petition.
Headnote
A) Industrial Law - Unfair Labour Practice - Maintainability of Complaint - Sections 5, 7, 28 of Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 - The Industrial Court dismissed the complaint alleging bogus contractors as not maintainable based on Supreme Court precedents. The High Court found no infirmity in the order and dismissed the writ petition. (Paras 1-2)
Issue of Consideration
Whether the Industrial Court was correct in dismissing the complaint as not maintainable in light of the Supreme Court judgments in Vividh Kamgar Sabha v. Kalyani Steels Ltd. and Cipla Ltd. v. Maharashtra General Kamgar Union.
Final Decision
Writ Petition dismissed. No infirmity found in the Industrial Court's order.
Law Points
- Maintainability of complaint under MRTU & PULP Act
- 1971
- Effect of Supreme Court judgments on bogus contractor allegations
