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2010 Supreme(Bom) 232

B.P.DHARMADHIKARI
UltraTech Cement Ltd – Appellant
Versus
Shrinivas Narayanrao Moharil – Respondent


Advocates appeared:
Shri M.R. Pillai, Advocate for the petitioner.
Shri H.V. Thakur, Advocate for the respondent. .....

JUDGMENT

By this petition filed under Articles 226 and 227 of Constitution of India, the petitioner employer has challenged the order dated 04.01.2010 passed by the Labour Court, Chandrapur, below Exh. 86 in Complaint (ULP) No. 186 of 1993 by which its application for dismissal of Complaint (ULP) has been rejected. M/s. Larsen & Toubro Limited employer is the party respondent in that complaint and the petitioner before this Court is its successor company. The contention of the petitioner was, being "controlled industry" as contemplated under Section 2(ee) of Industrial Disputes Act, 1947 (hereinafter referred to as the Act), the appropriate Government for it is Central Government and hence provisions of Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act (hereinafter referred to as MRTU & PULP Act), are not applicable to it. The present respondent had earlier filed a petition vide Writ Petition No. 2558 of 1986 challenging the order on preliminary issue and that writ petition was disposed of by this Court on 12th March 2009. The proceedings in Complaint ULP were expedited.

2. Looking to the nature of controversy, with the consent of Shri Pillai, lea














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