GERMAN REMEDIES MUMBAI Vs. R D LOTIKAR

JUDGEMENT

(1.) Heard.

(2.) Admit. Taken up for hearing forthwith. Mr. Bhatt waives service for the respondent.

(3.) Present Appeal arises from the order dated 28th June, 2007 passed in the Writ Petition No. 967 of 2007 by the learned Single Judge whereby the said Writ Petition filed by the appellant has been dismissed. The said Petition was filed against the Judgment and Order dated 8th November, 2006 passed by the Industrial Court, Bombay in Revision Application (ULP) No. 167 of 2004. By the said order the Industrial Court had allowed the Revision Application filed by the respondent and set aside the Judgment and Order dated 29th September, 2004 passed by the Labour Court in Complaint (ULP) No. 130 of 1995, while holding that the respondent herein is the employee within the meaning of the said expression under Section 3 Sub-section (5) of MRTU and PULP Act, 1971 (hereinafter called as "the said Act") and therefore the Labour Court should proceed to decide the complaint on merits. The Labour Court by its order dated 29th September, 2004 had held that the respondent is not the employee within the meaning of the said expression under the said provision of the said Act and, therefore, the complaint was not maintainable.