RAYMOND LTD Vs. MARUTI TUKARAM YADAV

JUDGEMENT

(1.) 'Tukaram Tanaji Mandhare' has his name embedded in law reports towards contribution made by Full Bench judgment reported in his name which has provided and would continue to provide a guiding light to various litigations on the subject. But having contributed to the jurisprudence, 'Tukaram Tanaji Mandhare' has himself received nothing in his 26 year long battle that he has engaged with his employer Raymond, one of India's largest fabric manufacturer and nowadays a fashion retailer. Today, 'Tukaram Tanaji Mandhare' a contract worker in Raymond's Mill, who lost his job a quarter century ago, stands before me with a hope that his litigious journey involving determination of various complex and intricate questions of law, ultimately earns for himself something. The Complaint that he filed for seeking declaration of his direct employee relationship with Raymond and status of permanency continues to remain pending before the Industrial Court. His employer is before this Court again seeking solving of another complex question of law about jurisdiction of Industrial Court to entertain his Complaint. Instead of making further contribution to the labour jurisprudence, time has come to draw curtains on this endless litigation spree. It is with this idea that I have taken up these two Petitions for final disposal with great deal of assistance provided and efforts taken by Mr. Talsania and Mr. Paranjape for Raymond and by Mr. Pendse for workers.

(2.) At the outset Mr. Talsania, the learned senior advocate appearing for Petitioner would seek leave to delete names of Respondent Nos. 2, 3, 7, 16, 17 and 20. Leave granted. Respondent Nos.2, 3, 7, 16, 17 and 20 are permitted to be deleted. Amendment be carried out forthwith.

(3.) This is almost 3-decade old battle going on between the Raymond Ltd. and its contractual workers seeking declaration that they are direct workmen of Raymond. The contractual workers have initiated Complaint (ULP) No. 694 of 1997 and Complaint (ULP) No.631 of 2000 seeking declaration that they are permanent workers of Raymond from the dates of their initial engagements. They have also sought confirmation of status of permanency on completion of 240 days of service.