Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1971 Maharashtra Recognition of Trade Unions anf} Prevention of Unfair Labour Practices Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (1 of 1972) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Matter Referred to Larger Bench |
Headnote | Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 - s.3(5) and s.28 r/w items 1 (a), (b), (d) and (f) of Schedule IV- Complaint - before Industrial Court/Labour Court - Maintainability of - Disputed employee-employer relationship - Three questions referred to High Court - 1) Whether a person who is employed by a contractor who undertakes contracts for the execution of the whole of the work or any part of the work which is ordinarily work of the undertaking is an employee within the meaning of s.3(5) of the MRTU and PULP Act; 2) Whether a complaint filed under the MRTU and PULP Act by an employee as defined under s.3(13) of the BIR Act, is maintainable although no direct relationship of employer employee exists between him and the principal employer and 3) Whether a complaint filed under the MRTU. and PULP Act by employees under s.3(13) of the BIR Act can be dismissed if the employer claims that they are not his direct employees but are employed through a contractor - High Court answered question numbers 1 and 2 in the affirmative, and question number 3 in the negative provided the contractors' workmen were employed to do the work of the whole or part of the undertaking - On appeal, held: In view of the difference of opinion in some of the cited decisions and the importance of the controversy involved and its application particularly in the State of Maharashtra, an authoritative decision is required by a larger bench on the aforesaid questions - Matter, therefore, referred to larger bench - Bombay Industrial Relations Act, 1946 - s.3(13). |
Judge | Hon'ble Mr. Justice Markandey Katju |
Neutral Citation | 2011 INSC 192 |
Petitioner | Raymond Ltd. & Another |
Respondent | Tukaram Tanaji Mandhare & Another |
SCR | [2011] 3 S.C.R. 753 |
Judgement Date | 2011-03-09 |
Case Number | 5077 |
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