Precise Bio Pharma Pvt. Ltd. ... vs Maharashtra Genereal Kamgar ...
2023 Latest Caselaw 4109 Bom

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            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 APPELLATE SIDE CIVIL JURISDICTION

                         WRIT PETITION NO.5310 OF 2023

Precise Bio Pharma Private Limited and Anr.                      ...Petitioners
      vs.
Maharashtra General Kamgar Union and Anr.                        ...Respondents

Dr. D.S. Hatle a/w. Mr. Deepak Jamsandekar, for the Petitioners.
Ms. Jane Cox i/b. Mr. Ghanshyam Thombare, for the Respondents.

                                    CORAM :   N. J. JAMADAR, J.

                                    DATE :    APRIL 24, 2023

P.C.:

1. Heard the learned counsel for the parties.

2. By the impugned order, the learned Member, Industrial Court

at Thane has also directed the respondent No. 3 therein the

petitioner herein, who is the principal employer not to terminate

the services of employees-the members of the complainant-union,

who have been appointed by respondent Nos. 1 and 2, the

contractors, without following the due process of law, till the final

disposal of the complaint.

3. The learned Member, Industrial Court in paragraph 14 of the

impugned order has observed that though the complaint by

contract labours is not maintainable against the principal employer,

for claiming statutory benefits a complaint can be filed.

4. In the backdrop of the aforesaid nature of the impugned order,

Vishal Parekar ...1

10-wp-5310-2023.doc

the respondent No. 1 has filed an affidavit on 18 th April, 2023.

Paragraph Nos. 3 and 4 of the affidavit read as under:-

3] I say that in light of the judgment of the Supreme

Court in the case of Cipla vs. MKGU (AIR 2001 SC

1165) we will not press prayer clause 11(c) nor the

pleadings at paras 3 (I) & (j) in respect of the so called

contractual arrangement being sham & bogus, in order

to peruse this contention and relief before the

appropriate forum i.e. under the provisions of the

Industrial Disputes Act, 1947.

4] I accordingly state that our Union will immediately

make an application before the Industrial Court, Thane

in Complaint (ULP) No. 192/2021 to delete prayer

clause 11(c) and para 3(j) in entirety. As paragraph

3(i) contains some pleadings which are relevant to the

other issue in the complaint viz right to statutory

benefits and wages under the various acts referred to,

we undertake, in the same aforesaid application to be

moved before the Industrial Court, to pray for leave to

amend the existing paragraph 3(i) to read as per

Annexure A herewith.

Vishal Parekar                                                                         ...2





                                                                  10-wp-5310-2023.doc

5. In view of the aforesaid stand, let the respondent No. 1 move

the Industrial Court seeking appropriate amendment in Complaint

(ULP) No. 192 of 2021 as proposed.

6. In the meanwhile, the Industrial Court shall not proceed with

the Misc. Criminal Complaint No. 13 of 2022 qua the petitioners

only.

7. Stand over to 19th June, 2023.

                                         (N. J. JAMADAR, J.)




Vishal Parekar                                                                  ...3