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2021 Supreme(Bom) 345

N.B.SURYAWANSHI
Mahindra and Mahindra Ltd. – Appellant
Versus
Satish S/o Tulshiram Burile – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Shri R.B. Puranik.
For the Respondents: Shri S.B. Dhande, Ms. T.H. Khan.

JUDGMENT :

N.B. SURYAWANSHI, J.

1. Hearing was conducted through Video Conferencing and the learned counsel agreed that the audio and visual quality was proper.

2. RULE. Rule made returnable forthwith. Heard finally with the consent of the parties.

Respondent No. 17, being the Industrial Court, is not a necessary party and stands deleted.

3. This petition filed under Articles 226 and 227 of the Constitution of India raises the following questions.

Whether a complaint of contractual employees seeking to exercise their rights, as provided under the Maharashtra Industrial Relations Act, 1946 and Bombay Industrial Relations Rules, 1947, is maintainable under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971?

Whether contractual employees can file a complaint under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 for challenging the impugned order, which is not passed by the Principal Employer?

4. Factual Matrix: The Petitioner-Original Respondent is a Company duly incorporated under the provisions of the Companies Act, 1956 having an establishment at M.I.D.C. Industrial Area, Hingna Road, Nagpur, where

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