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
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
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
Law Points
- Industrial establishment definition under Industrial Employment (Standing Orders) Act
- 1946
- Article 227 of Constitution of India jurisdiction
- Unfair labour practices under Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act
- 1971
- Service Conduct Rules applicability
- Departmental inquiry procedures
Case Details
2026 LawText (BOM) (02) 118
Writ Petition No. 9482 of 2024
Ms. Neeta Karnik i/by Mr. Piyush Todkar for petitioner, Mr. B.D. Birajdar with Mr. Santosh Mali for respondent-MCGM
Mumbai Fire Services Union, A Trade Union registered under Trade Unions Act, 1926
Municipal Corporation of Greater Mumbai, Ajay Mehta (Municipal Commissioner), Ram Dhas (Deputy Municipal Commissioner), Prabhat Rahangdale (Chief Fire Officer), M.S. Behre (Assistant Chief Officer)
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Nature of Litigation
Writ petition under Article 227 of Constitution of India challenging Industrial Court's finding regarding status of Fire Brigade Department as industrial establishment
Remedy Sought
Petitioner seeks setting aside of Industrial Court's finding that Fire Brigade Department is not an industrial establishment under Industrial Employment (Standing Orders) Act, 1946
Filing Reason
Industrial Court reversed Labour Court's finding that Fire Brigade Department is an industrial establishment, affecting complaint challenging termination of employee
Previous Decisions
Labour Court held Fire Brigade Department is industrial establishment and inquiry was unfair -- Industrial Court held Fire Brigade Department is not industrial establishment while keeping fairness of inquiry issue open
Issues
Whether Fire Brigade Department of Municipal Corporation of Greater Mumbai constitutes an industrial establishment under Industrial Employment (Standing Orders) Act, 1946
Submissions/Arguments
Petitioner argued Fire Brigade Department is industrial establishment governed by Industrial Employment (Standing Orders) Act, 1946 -- Respondents contended Municipal Corporation and Fire Brigade Department do not constitute industrial establishment
Ratio Decidendi
The definition of 'industrial establishment' under Section 2(e) of Industrial Employment (Standing Orders) Act, 1946 must be interpreted in context of the establishment's activities -- The Industrial Court committed an error in holding Fire Brigade Department is not an industrial establishment without proper consideration of statutory definition
Judgment Excerpts
By the present writ petition instituted under Article 227 of the Constitution of India, the petitioner assails the Judgment and Order dated 15 September 2021 passed by the Industrial Court at Mumbai
The Industrial Court held that although respondent No. 1 Municipal Corporation is an industrial establishment, its Fire Brigade Department cannot be treated as an industrial establishment
The Court held that the Industrial Court committed an error in holding that Fire Brigade Department is not an industrial establishment
Procedural History
Complaint (ULP) No. 125 of 2017 filed before Labour Court -- Labour Court held Fire Brigade Department is industrial establishment and inquiry unfair on 17 January 2020 -- Revision Application (ULP) No. 31 of 2020 filed before Industrial Court -- Industrial Court reversed finding on department's status on 15 September 2021 -- Writ Petition No. 9482 of 2024 filed before High Court -- High Court allowed writ petition on 24 February 2026
Acts & Sections
- Constitution of India: Article 227
- Industrial Employment (Standing Orders) Act, 1946: Section 2(e)
- Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971: Schedule IV, Item 1(a), Item 1(b), Item 1(f), Item 1(g)
- Trade Unions Act, 1926:
- Brihanmumbai Mahanagarpalika Service Conduct Rules, 1999: Rules 3(1), 3(2), 3(10)
