JUDGMENT:

1. By the present writ petition instituted under Article 227 of the Constitution of India, the petitioner assails the Judgment and Order dated 15 September 2021 passed by the Industrial Court at Mumbai in Revision Application (ULP) No. 31 of 2020, insofar as the said order records a finding that the Fire Brigade Department of respondent No. 1 Corporation does not constitute an industrial establishment.

2. The facts giving rise to the present proceedings may briefly be stated thus. The petitioner, being the original complainant, instituted Complaint (ULP) No. 125 of 2017 challenging the order of termination dated 16 November 2017, which was founded upon the inquiry report dated 25 December 2015 issued against one Devidas Lokhande, Assistant General Secretary of the petitioner Union. The said employee was serving as a Fireman in the Fire Brigade Department of respondent No. 1 Corporation prior to the impugned termination.

3. It is the case of the petitioner that on 9 May 2015 a major fire occurred in a building known as Gokul Niwas at Kalbadevi, Mumbai, resulting in the death of four senior officers of the Mumbai Fire Brigade. According to the petitioner, the incident occurred due to the absence of a Standard Operating Procedure. Following media coverage of the incident, Mr. Lokhande, in his capacity as a Union office bearer, granted an interview to the Mi Marathi television channel. Thereafter, by notice dated 22 May 2015, he was called upon to show cause on allegations that he had levelled accusations of corruption against senior officers of respondent No. 1, including the Municipal Commissioner, and he was subsequently placed under suspension with effect from 2 June 2015.

4. Thereafter, Mr. Lokhande was informed that a departmental inquiry would be conducted, and on the date fixed for inquiry he was served with a charge sheet dated 7 July 2015. Pursuant thereto, the respondents constituted a five member Inquiry Board comprising departmental officers. The Board submitted its report dated 28 August 2015 to the Chief Fire Officer, respondent No. 4. The proceedings of the Board were concluded on a single day, namely 7 July 2015, wherein it was observed that Mr. Lokhande had violated the Service Conduct Rules, and the Board recommended initiation of a full-fledged departmental inquiry.

5. Acting upon the aforesaid recommendation, respondent No. 5 was appointed as Inquiry Officer. By communication dated 17 December 2015, Mr. Lokhande was directed to remain present on 23 December 2015, and on that date a charge sheet dated 17 December 2015 was served upon him alleging misconduct under Rules 3(1), 3(2) and 3(10) of the Brihanmumbai Mahanagarpalika Service Conduct Rules, 1999. The petitioner contends that municipal employees are governed by the Industrial Employment (Standing Orders) Act, 1946 and the Model Standing Orders framed thereunder, and consequently the inquiry conducted and the charge sheet issued were illegal and liable to be set aside. It is further stated that towards the end of June 2017, Mr. Lokhande received a show cause notice dated 20 June 2017 issued by respondent No. 3 calling upon him to explain why he should not be dismissed from service in view of the findings recorded by the Inquiry Officer and the recommendation made by respondent No. 4 under communication dated 2 May 2017.

6. In the aforesaid background, the petitioner Union instituted Complaint (ULP) No.125 of 2017 alleging commission of unfair labour practices under Items 1(a), (b), (f) and (g) of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, and further contended that the inquiry was neither fair nor proper and that the findings recorded therein were perverse. During the pendency of the complaint, Mr. Lokhande came to be dismissed from service by order dated 16 November 2017, whereupon the complaint was amended so as to challenge the order of dismissal.

7. The respondents opposed t