PHILIPS WORKERS UNION THANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner is a trade union. A majority of the workers of the 2nd respondent are members of the petitioner.

(2.) On 16th May, 1984 the petitioner wrote to the 2nd respondent demanding that the workers named in the annexure to the letter, who had been employed through contractors, should be taken on the Muster-Roll of the 2nd respondent and should be given all the benefits available to its permanent employees. Of the 66 workers named in the annexure, a group of more than 20 workers was shown to be employed for maintaining gardens and other groups of less than 20 workers were shown to be employed for other purposes.

(3.) On 17th December, 1984 the petitioner's demand was admitted in conciliation, except in relation to the 20 workers employed through contractors to maintain gardens to whom the provisions of the Contract Labour (Regulation and Abolition) Act, 1970, applied. This was made clear in the failure report submitted on 17th April, 1985. On 5th September, 1985 the 1st respondent declined to make a reference of the dispute under the provisions of the Industrial Disputes Act for this reason : "The demand is regulated by the Contract Labour (Regulation and Abolition) Act, 1970."