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N. J. JAMADAR
Abbott Healthcare Private Limited – Appellant
Versus
Maharudra Chikane – Respondent
JUDGMENT :
1. Rule. Rule made returnable forthwith. With the consent of the parties, heard finally at the stage of admission.
2. The challenge in these petitions is to the identical orders passed by the Industrial Court at Mumbai in the Revision Application preferred by the petitioners against the interim order passed by the Labour Court in the complaints under the Maharashtra Recognition of Trade Union and Prevention of Unfair Labour Practices Act, 1971 (the Act, 1971), filed by the employees of the petitioners, alleging unfair labour practices, in an identical fact situation. Hence, all these petitions were heard together and are being decided by a common judgment.
3. The background facts leading to these petitions can be stated as under:-
Labour/Industrial Courts in Maharashtra have jurisdiction to hear complaints of unfair labour practice if relevant decisions are made within Maharashtra, despite employee postings outside the State.
The jurisdictional issue can be raised at any stage of the proceeding and must be considered based on the date of cause of action. The court's jurisdiction is to be determined by the statutory mandat....
The Labour Court at Chandigarh has jurisdiction to adjudicate the termination claim as the decision to terminate was made at the head office in Chandigarh, establishing part of the cause of action th....
The main legal point established in the judgment is the interpretation of the provisions of the MRTU & PULP act, the Regulations framed thereunder, and the notification specifying the territorial jur....
The situs of employment is an important factor which determines the jurisdiction. The cause of action is to be determined by applying the principle as enumerated in Code of Civil Procedure, 1908. The....
The Industrial Court's territorial jurisdiction to entertain complaints alleging unfair labour practices is determined by the specific places and Districts where the alleged unfair labour practices o....
Unlawful termination of employees engaged in union activities constitutes unfair labor practices, entitling them to reinstatement and back wages.
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