- (1.) THE point for consideration which arise in this petition is whether in the absence of undisputed 01 indisputable employer-employee relationship between the parties, can the question of unfair labour practice be enquired into by the Labour Court or the Industrial Court constituted under the Maharashtra Recognition of Trade Unions and Prevention of Unfair labour Practices Act, 1971 (hereinafter called as the "said Act") ?
(2.) THE petitioner is engaged in manufacture of Seamless Metal Tubes and has its factory at C-1, M. I. D. C. Industrial Estate at Ahmednagar The respondents no 1 to 12 are the employees engaged by M/s Industrial Cleaning services-the respondent no 13 to whom the petitioner have given a contract for gardening, cleaning, conservancy etc.
(3.) IT is the case of the petitioner that the respondents no 1 to 12 are not the employees of the petitioner nor the petitioner is the employer of the said respondents within the meaning of said expression under the said Act the respondent no 13 is the contractor and the holder of licence issued by licensing authority and had undertaken contract of house keeping and ancillary work of the petitioner The respondents no 1 to 12 were the workmen employed by the respondent, 13 to render services undertaken by the said respondent no 13 for the petitioner and they are the employees of the contractor In the absence of existence of relationship of employer- employee between the petitioner and the said respondents no 1 to 12, the Industrial Court under the said Act, has no jurisdiction to entertain the compliant regarding the alleged unfair labour practice by the petitioner It is also the case of the petitioner that the company is not engaged in any unfair labour practice vis-a-vis the said respondents.;