The Manager M/S Koso India Pvt. Ltd. Formerly Known as M/S Kent Introl Pvt. Ltd. v. the President Association of Engineering Workers
Case brief
What is this about?
Koso India Pvt Ltd vs Association of Engineering Workers; Bombay High Court writ petition 18944 of 2024 decided 04-02-2025 by Sandeep V. Marne, J.; res judicata objection to Reference (IT) No.1 of 2021 before Industrial Tribunal Nashik rejected; prior ULP Complaint No.94 of 2008 dismissed as not maintainable due to disputed employer-employee relationship; jurisdiction of Labour/Industrial Court over unfair labour practice complaints where employment relationship is disputed; reinstatement of eight workmen with back wages and continuity; reliance on Cipla Limited (2001(3) SCC 101) and Sarva Shramik Sangh (2003(10) SCC 455); Industrial Dispute Act 1947 reference route.
What did the court decide?
Labour/Industrial Courts do not have jurisdiction to entertain complaints of unfair labour practices whenever a dispute relating to existence of employer-employee relationship is raised; such dispute must be adjudicated through a reference under the Industrial Dispute Act, 1947, as held by the Supreme Court in Cipla Limited and Sarva Shramik Sangh.