SANDEEP V. MARNE
Tata Steel Ltd. – Appellant
Versus
Maharashtra Shramjivi General Kamgar Union – Respondent
JUDGMENT :
1) Rule. Rule is made returnable forthwith. With the consent of the learned counsel appearing for parties, the Petition is taken up for final hearing and disposal.
2) The Petition raises the usual issue of jurisdiction of Industrial Court to decide Complaint of unfair labour practices filed under the provisions of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (MRTU & PULP Act) when existence of employer-employee relationship is under dispute. In the present case, the Complaint is filed on behalf of canteen employees working in the canteen established by Petitioner- Company seeking a declaration that they are permanent employees of the Petitioner-Company and are entitled to receive same service benefits as are extended to the permanent employees. Petitioner- Company raised objection by filing application at Exhibit-C3 to jurisdiction of Industrial Court to decide the Complaint and prayed for framing of preliminary issue about maintainability of Complaint and sought its dismissal. Petitioner-Company also sought vacation of interim order dated 29 November 2019. By impugned order dated 1 October 2021, the Industrial Court has r
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Parimal Chandra Raha and others vs. Life Insurance Corporation of India and others
Sarva Shramik Sangh vs. Indian Smelting and Refining Co. Ltd. and others
The Industrial Court lacks jurisdiction to entertain complaints of unfair labor practices unless an undisputed employer-employee relationship is established.
for a complaint to be maintainable under the MRTU and PULP Act, admitted employer and employee relationship is a pre-condition. The provisions of the MRTU and PULP Act can be enforced only after the ....
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 court's decision established that when temporary or ad-hoc appointments are continued for a long period of time, the Court has to presume that there is a regular need for service on regular posts....
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.
Unlawful termination of employees engaged in union activities constitutes unfair labor practices, entitling them to reinstatement and back wages.
The main legal point established in the judgment is the need to decide all issues together in labour matters to prevent undue delay in the adjudication of the real dispute.
The absence of a formal employment contract and voluntary engagement on an honorarium basis negates the existence of an employer-employee relationship, precluding claims for permanency.
The Labour Court at Chandigarh has jurisdiction over the dispute as the decision to terminate the workman was made at the head office located there, despite the workman being posted in Tirupur.
The judgment emphasizes the statutory rights of industrial workers and the prohibition of unfair labour practices under the MRTU & PULP Act, 1971.
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