Case Note & Summary
The petitioner, Mumbai Fire Services Union, filed a writ petition under Article 227 of Constitution of India challenging the Industrial Court's finding that the Fire Brigade Department of Municipal Corporation of Greater Mumbai does not constitute an industrial establishment under Industrial Employment (Standing Orders) Act, 1946 -- The dispute originated from termination of Devidas Lokhande, a Fireman and Union office bearer, following his media interview about a fire incident -- The Labour Court had held the Fire Brigade Department is an industrial establishment and the inquiry was unfair -- The Industrial Court reversed this finding regarding the department's status -- The High Court examined the definition under Section 2(e) of Industrial Employment (Standing Orders) Act, 1946 and found the Industrial Court's interpretation erroneous -- The Court set aside the finding and remanded the matter for fresh consideration of all issues including fairness of inquiry
Headnote
The High Court of Judicature at Bombay -- Civil Appellate Jurisdiction -- heard a writ petition under Article 227 of Constitution of India challenging the Judgment and Order dated 15 September 2021 passed by Industrial Court at Mumbai in Revision Application (ULP) No. 31 of 2020 -- The Industrial Court had held that while Municipal Corporation of Greater Mumbai is an industrial establishment, its Fire Brigade Department cannot be treated as an industrial establishment under Industrial Employment (Standing Orders) Act, 1946 -- The High Court examined the definition of 'industrial establishment' under Section 2(e) of Industrial Employment (Standing Orders) Act, 1946 -- The Court held that the Industrial Court committed an error in holding that Fire Brigade Department is not an industrial establishment -- The Court set aside the impugned finding and remanded the matter to Industrial Court for fresh consideration -- The writ petition was allowed
Premium Content
The Headnote is only available to subscribed members.
Subscribe Now to access key legal points
Issue of Consideration: Whether the Fire Brigade Department of Municipal Corporation of Greater Mumbai constitutes an industrial establishment under the Industrial Employment (Standing Orders) Act, 1946
Premium Content
The Issue of Consideration is only available to subscribed members.
Subscribe Now to access critical case issues
Final Decision
The High Court Partly allowed the writ petition -- Set aside the finding of Industrial Court that Fire Brigade Department is not an industrial establishment -- Remanded the matter to Industrial Court for fresh consideration of all issues including fairness of inquiry
