JUDGMENT - KHANWILKAR A.M., J.:---Rule. Rule made returnable forthwith, by consent.

2. The learned Counsel for private contesting respondents waives notice. The respondent No. 4 is a formal party, hence, notice to that respondent is dispensed with.

3. As short question is involved, petition is taken up for final disposal forthwith, by consent.

4. This writ petition takes exception to the judgment and order dated August 11, 2003 passed by the Industrial Court, Mumbai in Complaint (ULP) No. 1026 of 2002. The Industrial Court has held that it had no jurisdiction to try and decide the complaint as filed by the petitioners under the provisions of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1976 (hereinafter referred to as the Act) because of the contentious issue of employee-employer relationship.

5. Briefly stated, the petitioner union filed the above numbered complaint before the Industrial Court, alleging commission of unfair labour practice by the respondents under Item 1(a) and 1(b) of Schedule II and Items 9 and 10 of Schedule IV of the Act. Following reliefs were claimed in the said complaint:

"10. The complainant submits and prays that t

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