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Vastsalabai Vishnu Jadhav And Another vs Marathwada Medical Research And Rural ... on 30 October, 2015 cites

Cipla Ltd vs Maharashtra General Kamgar Union & Ors on 21 February, 2001

*28* F-WP56342014.doc "5. At the hearing of this petition, on behalf of the Petitioners, their learned counsel points out that the judgment in Kalyani (supra) and Cipla Ltd. V. Maharashtra General Kamgar Union and ors. 2001 1 CLR 754 would not be attracted to the facts of the present case. It is pointed out that in both the cases admittedly relationship of employer and employee was with another employer.
Supreme Court of India Cites 16 - Cited by 110 - Full Document

General Labour Union (Red Flag), Bombay vs Ahmedabad Mfg. & Calico Printing Co. ... on 8 September, 1993

13 The Apex Court, in Kalyani Steel's Case (supra) has considered the ratio laid down in the Krantikari Suraksha Case (supra) and the Red Flag case (supra) and held that when the workmen have not been accepted by the Company to be it's employees, a complaint under the ULP Act would not be maintainable before the Labour or Industrial Court.
Supreme Court of India Cites 1 - Cited by 43 - P B Sawant - Full Document

Gujarat Electricity Board,Thermal ... vs Hind Mazdoor Sabha & Ors on 9 May, 1995

This Court noticed that the workmen were never recognised by the company as its workmen and it was the consistent contention of the company that they were not its employees. In those circumstances, the Industrial Court having dismissed the complaint and the High Court having upheld the same, this Court stated that it was not established that the workmen in question were the workmen of the company and in those circumstances, no complaint could lie under the Act as was held by the two courts. In that case it was the admitted position that the workmen were employed by a contractor, who was given a contract to run the canteen in question. Thereafter, the High Court adverted to the decision of this Court in Gujarat Electricity Board, Thermal Power Station, Ukai, Gujarat v. Hind Mazdoor Sabha & Ors., 1995 (5) SCC 27, wherein it was noticed that the first question to be decided would be whether an industrial dispute could be ::: Uploaded on - 31/10/2015 ::: Downloaded on - 02/11/2015 23:59:44 ::: *20* F-WP56342014.doc raised for abolition of the contract labour system in view of the provisions of the Act and, if so, who can do so. The High Court was of the view that the decision in General Labour Union (Red Flag), Bombay v. Ahmedabad Mfg. & Calico Printing Co. Ltd & Ors. (supra) would make it clear that such a question can be gone into and that the observations would not mean that the workmen had to establish by some other proceedings before the complaint is filed or that if the complaint is filed, the moment the employer repudiates or denies the relationship of employer and employees the court will not have any jurisdiction. The observation of this Court that it is open to the workmen to raise an appropriate industrial dispute in that behalf if they are entitled to do so has to be understood in the light of the observations of this Court made earlier.
Supreme Court of India Cites 66 - Cited by 172 - P B Sawant - Full Document
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