IDBI BANK LTD Vs. BHARTIYA KAMGAR SENA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This petition challenges an order passed by the Central Government Industrial Tribunal at Mumbai on an application made under section 33 of the Industrial Disputes Act, 1947 (the 'Act'). It is the case of the petitioner that it had outsourced certain noncore activities such as housekeeping of various branches and offices in Mumbai and Thane region to outside agencies. For such outsourcing, the petitioner had engaged two contractors, who are respondent nos.2 and 3 to the petition. Through these contractors, about 268 workers were engaged for housekeeping work in the offices/branches in Mumbai and Thane. It is the petitioner bank's case that these workers were allotted work, and they were supervised and paid wages by the contractors. It is the contractors who had the right to terminate services of the workers and accordingly, for all intents and purposes, these workers were employees of the contractors.

(3.) The services of three of these workers were terminated by the contractors sometime in 2005. An industrial dispute was raised in that behalf before the conciliation officer. A reference from out of those proceedings was sought for adjudication, but the Central government refused to make any reference. The matter was thereupon carried before this Court in a writ petition. That writ petition, being writ petition no.429 of 2006, was dismissed by a Division Bench of this Court on the ground inter alia that the workers concerned were engaged by independent contractors and no employeremployee relationship could be established between them and the petitionerbank.