Bombay High Court in M/s. Tata Steel Ltd. v Maharashtra Shramjivi General Kamgar Union &Anr., W.P. No. 9664 of 2021,on October 22, 2024, addressed the issue of whether the Industrial Court has jurisdiction to entertain a complaint of unfair labour practice when there is a dispute regarding the employer-employee relationship. The Court observed that the complaint did not contain any specific averments stating that any of the 26 contract labourers were directly engaged by the company at any point or that they were paid salaries directly by the company. To invoke the jurisdiction of the Industrial Court, it was necessary for the contract labourers to specifically aver in the complaint that they were direct employees of the company.
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