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5) The Company filed the reply in the Industrial Court stating that the complaint is time barred since filed beyond the prescribed time limit laid down under the provisions of the MRTU & PULP Act, 1971, hence the same is to be dismissed in limine. Further the dispute under reference is pertaining to employees employed under the contract i.e., contract labour, there is a specific remedy and relief available under the Contract Labour (Regulation & Abolition) Act, 1971, which is a specific forum available to redress the grievances, if any. Inasmuch as the Complainant-Union has already approached the appropriate authority for abolition of contract labour, the present complaint before the Industrial Court is liable to be dismissed on the principle of res judicata. With regard to the merits, it is stated that the practice of giving contract to run the canteen is in vogue right from inception. The complainant is very well aware of the contract and the canteen contractor who is managing the canteen. There are several decisions of this Court holding that employing contract labour cannot be agitated within the forum under MRTU & PULP Act 1971, when there is specific remedy available in Contract Labour (Regulation & Abolition) Act, 1971. Moreover, since it is a disputable point such dispute is required to be resolved through the machinery provided under the Industrial Disputes Act, 1947, hence, any complaint to that effect under MRTU & PULP Act, 1971 is not maintainable. It is further reiterated that working of the canteen is distinct and separate which is neither incidental nor connected with the manufacturing process of the factory. The canteen is exclusively run and managed by the contractor which is an outside agency.

10) Since, the Union has filed a complaint under item 9 of Schedule IV of the MRTU and PULP Act, 1971, before going into the merits, let us refer the Preamble and relevant provisions of the Act. The preamble of the MRTU and PULP Act, 1971 reads as under:-

"An Act to provide for the recognition of trade unions for facilitating collective bargaining for certain undertakings; to state their rights and obligations; to confer certain powers on unrecognized unions; to provide for declaring certain strikes and lock-outs as illegal strikes and lock-outs; to define and provide for the prevention of certain unfair labour practices; to constitute courts (as independent machinery) for carrying out the purposes of according recognition to trade unions and for enforcing the provisions relating to unfair practices; and to provide for matters connected with the purposes aforesaid.

13) In the earlier part of our judgment, we have referred to the claim of both parties as well as relevant provisions of the the MRTU and PULP Act, 1971. Now let us consider various pronouncements on the point in issue. The earliest decision relied on by the Company is General Labour Union (Red Flag), Bombay vs. Ahmedabad Mfg. & Calico Printing Co. Ltd. and Others, 1995 Supp (1) SCC 175. In that decision, General Labour Union (Red Flag), Bombay had filed a complaint before the Industrial Court under the MRTU and PULP Act, 1971 complaining of the breach of Items 1(a), (b), 4(a), (f) and 6 of Schedule II and Items 7, 9 and 10 of Schedule IV of the said Act. The case of the complainant-union was that the 21 workmen who were working in one of the canteens of the respondent-company, were not given the service conditions as were available to the other workmen of the company and there was also a threat of termination of their services. It is an admitted fact that these workmen were employed by a contractor who was given a contract to run the canteen in question. The complaint was filed on the footing that the workmen were the employees of the company and, therefore, the breach committed and the threats of retrenchments were cognizable by the Industrial Court, under the said Act. The complaint proceeded on the basis as if the workmen were a part of the work-force of the company. The facts on record reveal that the workmen were never recognised by the respondent-company as its workmen and it was the contention of the company that they were not its employees. The Industrial Court dismissed the complaint holding that since the workmen were not the workmen of the respondent- company, the complaint was not maintainable under the said Act. The High Court in writ petition confirmed the said finding and dismissed the petition on the same ground. Hence, the Labour Union approached this Court by filing appeal. This Court has concluded as under:-

14) In Vividh Kamgar Sabha vs. Kalyani Steels Ltd. and Another, (2001) 2 SCC 381, similar claim under the MRTU and PULP Act, 1971 was considered. The two-Judge Bench following the General Labour Union (Red Flag), Bombay case (supra) dismissed the appeal filed by the workers-Union on the ground that the complaint was not maintainable. Similar direction as issued in General Labour Union (Red Flag), Bombay case (supra) has been issued in this case also.

15) The next decision which is also under the MRTU and PULP Act, 1971 is Cipla Ltd. vs. Maharashtra General Kamgar Union and Others, (2001) 3 SCC 101. When similar claim was made by the trade-Union against the Management  Cipla Ltd., the same was negatived by the Labour Court. However, the Division Bench of the High Court took a different view of the matter and allowed the complaint. While considering the appeal filed by Cipla, the two-Judge Bench accepted the case of the Management and rejected the stand taken by the trade-Union. The argument of learned senior counsel appearing for the Union that in view of Section 32 of the Act incidental question can be considered by the Industrial Court was not acceptable and this Court concluded: