LAWS(BOM)-2009-5-30

BHOJRAJ TULSIRAM GAJBHIYE Vs. SALL INDIA REPORTER LTD

Decided On May 08, 2009
Bhojraj Tulsiram Gajbhiye Appellant
V/S
Sall India Reporter Ltd Respondents

JUDGEMENT

(1.) This writ petition challenges the order passed by the Industrial Court whereby the objection raised by the respondents was sustained by the Industrial Court.

(2.) The facts giving rise to the petition are as follows:

(3.) Respondents 1 and 2 had filed their reply to the application and had denied the relationship of employee and employer between the petitioners and the respondents. They raised a plea that since such relationship does not exist the complaint under section 28 of MRTUP & PULP Act is not main-tainable before the Industrial Court. They submitted that the Industrial Court did not have jurisdiction to entertain the complaint. This was their preliminary objection. Respondent No. 3 also filed a reply and contended that petitioners are the employees of sister concern of respondent No. 3. Respondent No. 3 therefore contended that the petition was not maintainable against respondent No. 3.