LAWS(BOM)-2010-7-63

LADAKU MAZDOOR SANGH Vs. TATA COMMUNICATIONS LTD

Decided On July 22, 2010
LADAKU MAZDOOR SANGH Appellant
V/S
TATA COMMUNICATIONS LTD. Respondents

JUDGEMENT

(1.) By this petition, the Petitioners-Union makes a grievance against the orer passed by the appropriate Government refusing to refer the dispute to the Industrial Tribunal. The Petitioner were claiming to be the employees of Respondent No. 1. The stand of Respondent No. 1 was that they are the employees of the Contractor. The conduct of the Petitioners also shows that they had applied for abolition of the contract labour. Even in this petiiton, there is no claim made that the documents were prepared by Respondent No. 1 to show engagement of the workers through the Contractor when they are actually directly employed by Respondent No. 1. In our opinion, in the absence of the case made out by the Petitioners that the engagement of the Contractor was sham and bogus, there was no question of referring the dispute. Petition is rejected.