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Supreme Court Of India
S.N. VARIAVAAND H.K. SEMA, JJ.
OSWAL PETROCHEMICALS- Appellant
Versus
GOVT. OF MAHARASHTRA AND OTHERS - Respondents
Civil Appeals Nos. 681-82 of 2005,
Decided on January 20, 2005
Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, Sections 30, 32 and 4 to 7 - Industrial Disputes Act, 1947, S. 10-
Relationship of employer and employee- Determination of - In view of the Judgment of Supreme Court in Cipla Ltd. v. Maharashtra General Kamgar Union reported in (2001) 3 SCC 101, the question whether an employee or employer relationship exists cannot be decided by the Industrial Court-It has to be decided in proceedings under Section 10 of 1947 Act- Workmen granted one month's time to raise their dispute- Pending the decision on the reference, the interim order to continue. [Para 3]
ORDER
1. Leave granted.
2. Heard parties.
3. In view of the judgment of this Court in Cipla Ltd. v. Maharashtra General Kamgar Union1 the question whether employee-and-employer b relationship exists cannot be decided by the Industrial Court. It would necessarily have to be decided in proceedings under Section 10 of the Industrial Disputes Act. We, therefore, grant to the workmen one months time to raise their dispute. Pending the decision on the reference, the interim order which had been passed on 3-11-1997 will continue to operate. In view of the above order the impugned judgment stands set aside.
4. At this stage Mr Manish Singhvi, learned counsel appearing for the appellant applies that the appellant may be allowed to retrench the workers. It is for the Company to decide what steps it wants to take. No liberty is required from us to do so. If they are entitled to do so, they may do so.
5. The appeals stand disposed of accordingly. There will be no order as to costs.
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