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2014 Supreme(Bom) 1519

NARESH H.PATIL, RAVINDRA V.GHUGE
BASF INDIA LTD Construction Chemicals Division A Public Limited Company Registered – Appellant
Versus
Government of Maharashtra Through Secretary, Industries, Energy & Labour Dept Mantralaya – Respondent


Advocates Appeared:
Mr.S.C.Naidu a/w. G.D.Talreja a/w. Sachin Bhaskar, i/by M/s.G.D.Talreja & Associates, Advocate for the Petitioner.
Mrs.M.S.Bane, 'B' Panel, A.G.P. for the State/Respondent Nos.1 and 2.
Mr.Avinash K. Jalissatgi, Advocate for the Respondent No.3.

JUDGMENT :

Ravindra V. Ghuge J.

01. Heard. Rule. Rule made returnable forthwith by the consent of the parties and heard finally.

02. By this petition, the petitioner prays for the quashing and setting aside of the impugned order of reference dated 06/11/2013 passed by respondent No.2-Additional Commissioner of Labour. Consequentially, the petitioner prays for the quashing and setting aside of Reference (IT) No. 24 of 2013 pending before Shri.S.K.Deshpande-learned Presiding Officer, Industrial Tribunal, Thane.

03. We have heard the learned advocates for the respective sides and have gone through the petition paper book with their assistance. The submissions of the petitioner can be summarized as follows :-

a) The petitioner is a factory engaging in the business of manufacturing construction chemicals.

b) The petitioner employees about 35 workmen on its roll.

c) Attendance of the petitioner's employees is registered on the electronic biometric system.

d) Labour Contractors namely M/s.Omkar Enterprises, M/s.Advanced Enterprises and M/s. Mafoi are independent Labour Contractors, who supplied contract labourers in areas of house-keeping, material handling, shifting, packaging, loading and unloa


































































































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