Municipal Corporation of Greater Mumbai v. The Workmen working in activity of Sweeping, Cleaning and transporting

. Heard Shri Palshikar learned Counsel for the petitioners and Shri Ranade, the General Secretary of the Respondent No.1 Union.

This petition is filed under Articles 227 of the Constitution of India impugning the order dated 8th May, 2007 passed by the learned Member of Industrial Court, on the interim application filed by the respondent No.1 herein in Reference Proceedings IT No.13 of 2007. By the said order, the petitioners herein i.e. the [2] Municipal Corporation of Greater Mumbai is directed to maintain status quo till the disposal of the application on merits as regards the employment of about 2700 employees, who are engaged in the work of cleaning and sweeping the city of Mumbai.

The said order has been challenged by the petitioners inter-alia on various grounds urged in the petition, primarily on the ground that the Industrial Court did not have jurisdiction to pass the order in the manner it did. The petitioners seek vacation of the said order in view of the facts that the said order has an adverse effect on the tenders invited by them vide Advertisement dated 9/5/2007 for carrying out the work of cleaning and sweeping.

It is pertinent to note that the Petitioner herein had earlier filed Writ Petition No. 971/2007, which came to be disposed of by this Court by its order dated 4th May, 2007. What is significant from the point of view of this petition is that this Court has recorded a finding that there is no employer employee relationship between the said workers and the petitioners herein. In the background of the said [3] order, the petitioners contend that the Industrial Court could not have passed the order of status-quo. The petitioners also rely upon the Judgment of the Apex Secretary, State of Karnataka and Court in the case of Secretary, State of Karnataka and Secretary, State of Karnataka and