VIDARBHA IRRIGATION DEVELOPMENT CORPORATION Vs. MEMBER

JUDGEMENT

(1.) Heard Mr. J.T.Gilda, learned counsel for petitioners, Mr. B.G.Choudhari, learned counsel for respondent no. 2(i) to (iv) and Mr. M.V.Mohokar, learned counsel for respondent no.3.

(2.) Rule. Heard forthwith.

(3.) By this petition the petitioners challenge order dated 8.3.2007 passed by the Industrial Court at Nagpur in Complaint (ULP) No. 509/02 by which the complaint has been partly allowed and respondents in the said complaint have been directed to pay unpaid wages up to the period 7.12.2000. Mr. Gilda, learned counsel for the petitioners submits that in the written statement filed by the petitioners before the Industrial Court the petitioners have denied employer employee relationship and, therefore, in the absence of any finding that there was relationship of employer employee between the original complainant Sukhdeo Ramdas Kunjekar vis-a-vis the respondents, Industrial Court had no jurisdiction to deal with the complaint. According to Mr. Gilda, the Industrial Court has limited jurisdiction to find out if the relationship between the employer and employee is indisputable or undisputed. Obviously, this exercise has not been done by the Industrial Court and, therefore, the impugned award is liable to be set aside.