The High Court of Bombay dismissed the writ petition, holding that the impugned order warrants no interference. The Court noted the absence of an employer-employee relationship between the parties and ruled that this issue could not be agitated in the present proceedings.
The Writ Petition is dismissed.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.97/20009
Bharatiya Kamgar Karmachari Mahsangh Vs.
Jayaram Mani,Secretary Sri.Shanmukhananda Fine Arts & Sangeetha Sabha nd Ors.
Petitioner
Respondents
Mr.Pai a/w Mr.T.R.Yadav for the petitioner Ms.Meena H.Doshi a/w Mr.A.V.Joshi for the respondents
CORAM: S.J.VAZIFDAR,J. DATE : 3rd February,2009.
P.C.
The impugned order warrants no interference. The Learned Judge has taken all the points into consideration. For instance there is no employer-employee relationship between the parties. This was so held even in the complaint under the Industrial Disputes Act. It was held that there was no employer-employee relationship between the ushers and the respondents. I am informed that this order has not been challenged. It is further rightly argued that this question could not have been agitated in the present proceedings.
In the circumstances the Writ Petition is dismissed.
2 issues framed by the court
Whether the writ petition warrants interference given the absence of an employer-employee relationship and that the issue cannot be agitated in these proceedings.
Whether the court should permit the question of employer-employee relationship to be agitated in the present writ proceedings.
Bharatiya Kamgar Karmachari Mahsangh
Jayaram Mani
Secretary Sri. Shanmukhananda Fine Arts & Sangeetha Sabha and Others
S.J. Vazifdar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
