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SANDEEP V. MARNE
Tata Steel Ltd. – Appellant
Versus
Maharashtra Shramjivi General Kamgar Union – Respondent


Advocates Appeared:
For the Appellant :Mr. Sudhir K. Talsania, Senior Advocate with Mr. R.V. Paranjape with Mr. T.R. Yadav
For the Respondent:Mr. Yogendra Pendse with Ms. Priyanka Patkar, Ms. Shamika Dabke and Ms. Vaibhavi Zaaude for 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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