workers were directly engaged in the services of the Respondent Company, since the month of March 2024, their wages are deliberately routed through the Contractor M/s.Trident Services. Mr.Deore has submitted that the said arrangement is deliberately done only on account of raising of demands by the Petitioner-Union about service conditions of the concerned workers. Be that as it may. As there is an allegation that members of Union are being routed through a Contractor, the finding recorded by the Industrial Court about absence of employer-employee relationship cannot really be faulted. It is well settled law expounded by judgment of the Apex Court in Cipla Ltd. Vs. Maharashtra General Kamgar Union (2001) 3 SCC 101 and Sarva Shramik Sangh Vs. Indian Smelting and Refining Co.Ltd. (2003) 10 SCC 455 that once the employer-employee relationship is under dispute, complaint of unfair labour practice cannot be entertained by the Industrial Court under the provisions of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971. In that view of the matter, no fault can be found in the orders passed by the Industrial Court.
