ICICI BANK LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule. Rule is made returnable with the consent of all the parties forthwith. The petitioner challenges the order of reference dated 19th September, 2012, made under the Industrial Disputes Act, 1947 (hereinafter referred to as 'said Act') by the Union (respondent No. 1) at the behest of Bharatiya Kamgar Sena (respondent No. 2), referring the following dispute for adjudication to the Central Government Industrial Tribunal-cum-Labour Court No. 1, Mumbai (respondent No. 3)

(2.) The Maharashtra Navnirman Kamgar Sena (MNKS), a trade union raised a dispute in relation to one Babu Atmaram Kamtekar and 119 employees, alleging that they have been discharging works, which are of permanent nature and that the contracts by which they have been shown as contract workers are sham, bogus and a camouflage to deprive the employees' benefits of permanency in the employment of the petitioner bank. A communication dated 5th November, 2008 was addressed to the Asst. Labour Commissioner (Central) in that regard.

(3.) The proceedings were admitted in conciliation and the petitioner as well as M/s. George Maintenance Services Pvt. Ltd., the alleged contractor submitted their response/version. The persons on whose behalf the communication dated 05.11.2008 was addressed thereafter joined respondent No. 2 union, which union then applied for and substituted itself in place of MNKS in the conciliation proceedings.