JUDGMENT

Arijit Pasayat, J. — Challenge in this appeal is to the order passed by a learned Single Judge of the Bombay High Court allowing a Writ Petition filed by the respondent.

2. The respondent filed a Writ Petition before the High Court challenging the award dated 18th August, 1995 passed by the Industrial Tribunal, Bombay (in short the ‘Tribunal’) rejecting the reference made to it by the Government of Maharashtra under the Industrial Disputes Act, 1947 (in short the ‘Act’) on the ground that the respondent-Union was not able to establish master and servant relationship between the alleged workmen represented by the Union and the present appellant (hereinafter referred to as the ‘Company’). The entire dispute arose on account of the services of the alleged workmen represented by the Union, being terminated.

3. Stand of the Union is nutshell is as follows:

The Reference was in respect of about 30 workmen involved in the dispute. The Union represents the employees who are called “Retainers” by the Company. These employees sought permanent absorption and other reliefs from the Company. The Company is engaged in the business of manufacturing, selling and servicing of electronic ite