INDO-EUROPEAN BREWERIES LTD Vs. DNYANESHWAR

JUDGEMENT

(1.) The appeal is filed to challenge the judgment and order of Writ Petition No. 3212/2008 decided by the learned Single Judge of this Court. The writ petition was filed by the present appellant against judgment and order of Complaint (ULP) No. 52/2005, which was pending before the learned Member of Industrial Court, Aurangabad. The complaint was filed by the present respondents and the learned Member of Industrial Court has given directions to the present appellant to allow the present respondents to resume the duty and direction is given to pay full backwages for the period starting from 8.3.2005, till the respondents, complainants are reinstated. It is held by the learned Member that the present appellant had engaged in unfair labour practice under item 9 and 10 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as 'the Act' for short). Both the sides are heard.

(2.) The appellant is a company and it is in the business of bottling Coca-cola soft drink in the factory situated at Waluj Industrial Area, Aurangabad. It is the contention of appellant that it had engaged only 18 workers directly for this factory and respondent No. 23, a licensed contractor was engaged by it for supplying labour on contract basis. It is contended that respondent No. 23 had supplied 96 contract labours, but they were employees of respondent No. 23, contractor and this figure was fluctuating as per the market condition. The respondents were engaged from 24.3.2004 as per the contention of the appellant.

(3.) It is the contention of the appellant that on 8.3.2005 there was untoward incident and the contract labours tried to ambush the factory in the name of Union activity and they unleashed violence. It is contended that due to such activities, the respondents were prevented from entering the factory premises and then respondent No. 23, contractor had terminated their services.