BONATRANS INDIA (PVT.) LTD. Vs. BONATRANS EMPLOYEES UNION

JUDGEMENT

(1.) Leave granted.

(2.) These appeals are at the instance of Bonatrans India Pvt. Ltd.[employer], which is aggrieved by the common judgment and order dtd. 22/3/2022[impugned order]of a learned Judge of the High Court of Judicature at Bombay, Bench at Aurangabad. Vide the impugned order, the learned Judge disposed of Writ Petition No. 1109/2021 preferred by the Employees' Union[Union] and Writ Petition (Stamp) No. 2839/2020 of the employer.

(3.) Proceedings before the Industrial Court, Aurangabad under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971[MRTU and PULP Act] was initiated by the Union by lodging a complaint[Complaint (ULP) No 146 of 2019] claiming diverse relief. Prayers, inter alia, included declarations that the employer had engaged in unfair labour practices, that the disciplinary proceedings which were initiated against certain employees by the employer were ultra vires the terms and conditions of employment, etc. The employer had filed an objection vide Exhibit C/8 questioning the status of the employees on whose behalf the complaint had been lodged by the Union. According to the employer, the employees were not workmen within the meaning of 'workman' defined by Sec. 2(s) of the Industrial Disputes Act, 1947[ID Act] and hence, the complaint was not maintainable. The Industrial Court, however, in the face of opposition raised by the Union, vide its order dtd. 11/12/2019, rejected Exhibit C/8 and did not frame any preliminary issue. This triggered the writ petition of the employer before the High Court. On the other hand, the Union applied for interim relief vide Exhibit U/2. The Industrial Court, however, vide its order dtd. 5/1/2021, declined to protect the employees from facing the enquiry which had been initiated by the employer. This order formed the subject matter of challenge before the High Court in the Union's writ petition.