MAHARASHTRA STATE ELECTRICITY BOARD Vs. SANJAY CHANDULAL KONDANE

JUDGEMENT

(1.) HEARD Mr. R.E. Moharir, learned Counsel for the petitioners and Mr. C.H. Sharma, learned Counsel for the respondent.

(2.) THE petitioner has challenged the Award dt. 30.8.2005 bearing Reference IDA No. 15 of 2001 passed by the Labour Court, Akola whereby the respondent was ordered to be reinstated after declaring termination of the respondent from service as unlawful.

(3.) THE submission is that, in the dispute relating to the employer and the employee, the Court cannot go into merits unless the employer get the industrial dispute adjudicated. The learned Counsel for the petitioner contended that preliminary objection was raised about relationship of the employer and the employee. It is argued that if the employee was working under the contract covered by the Contract Labour (Regulation and Abolition) Act, then the Labour Court or the Industrial dispute adjudicating Authorities cannot have jurisdiction to deal with the matter as it falls within the province of an appropriate Government to abolish the same. Unless the employee establishes the fact that he is an employee under the "employer" under the Industrial Disputes Act, complaint would not be maintainable. In support of the submissions, reliance is placed upon the following rulings: -