Can we file fresh application for declaration of relation between labor union and corporation
Adv. Gurchal
(Querist) 19 March 2015
This query is : Resolved
POINTS:
- CORPORATION appointed 130 persons from labor union, saying it is on contract basis but there is no actual contract between.
- L Union move to industrial court for Under PULP ACT saying that corp. illegally appointed them on contract basis instead of permanent appointment.
- Nature of duties given to Labors is continuous and regular nature (safai karmchari)
- industrial court on the side of Labor Union and said relation between parties is indisputable.
- corp. filed appeal at Bombay H.C. on the ground that the Industrial Court has no jurisdiction to hear matter as the Persons appointed by them are not their employees but are the individual contractors.
- on this averment we stated that corp. has no authority to appoint a contractor for the Municipal Job of safai & ghanta gaadi karmchari.
- Hon'ble HC Bombay held to await for further referential cases pending in Apex Court. Because the relation between Both the parties is still disputable.
- can we file fresh application for declaration of relation between parties as employer & employee?
T. Kalaiselvan, Advocate
(Expert) 20 March 2015
It is better to wait for the apex court decision on the subject as observed by Mumbai High court.
Rajendra K Goyal
(Expert) 24 March 2015
Wait for the decision of the Apex Court.
