SUPREME COURT OF INDIA

Before:- S.N. Variava and H.K. Sema, JJ.

Civil Appeal Nos. 681-82 Of 2005. Arising Out Of S.L.P. (Civil) Nos.549-550 Of 2005. D/d. 20.1.2005.

M/S. Oswal Petrochemicals - Appellant

Versus

Govt. Of Maharashtra & Ors. - Respondent

Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, Sections 30, 32 and 4 to 7 - In view of the decision rendered in Cipla Case (2001) 3 SCC 101, the question whether an employee or employer relationship exists cannot be decided by Industrial Court constituted under the 1971 Act - Said question has to be decided in proceedings under Section 10 of Industrial Disputes Act, 1947.

[Para 3]

Case Referred :-

Cipla Ltd. v. Maharashtra General Kamgar Union, (2001) 3 SCC 101.

JUDGMENT

S.N. Variava, J. - Leave granted.

2. Heard parties.

3. In view of the Judgment of this Court in Cipla Ltd. v. Maharashtra General Kamgar Union reported in (2001) 3 SCC 101, the question whether an employee or employer relationship exists cannot be decided by the Industrial Court. It would necessarily have to be decided in proceedings under Section 10 of the Industrial Disputes Act. We, therefore, grant to the workmen one month's time to raise their dispute. Pending the decision on the reference, the interim order which had been passed on 3rd November, 1997 will continue to operate. In view of the above order the impugned Judgment stands set aside.

4. At this stage Mr. Manish Singhvi, learned counsel appearing for the Appellant applies that the Appellant may be allowed to retrench the workers. It is for the Company to decide what steps it wants to take. No liberty is required from us to do so. If they are entitled to do so, they may do so.

5. The Appeals stand disposed of accordingly. There will be no order as to costs.

.