: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2859 OF 2008 M/s.Overnite Express Ltd. ....Petitioner V/s. Maharashtra Samarth Kamgar . Sanghtana & Others ....Respondents Mr.Shailesh S. Pathak with Mr.T.R. Yadav for the Petitioner. Mr.L.R. Mohite for the Respondent. CORAM : S.J. VAZIFDAR, J. DATED : 2ND FEBRUARY, 2009. P.C. : 1. Rule. By consent the rule is made returnable forthwith and heard finally. 2. In the facts of this case, it is difficult to say that there is nothing to be considered on the question whether there is an employer and employee relationship between the parties. That there were contractors is not denied. Whether the contracts were sham and bogus or not is a question to be considered. On the evidence as it stands, the question cannot be said to be free of doubt. 3. Indeed, if this complaint were to be heard finally, it may work to the detriment of the employees : 2 : in the event of it eventually being held that there is no employer employee relationship. This would prejudice the interest of the employees considerably. 4. In the circumstances, the following order is passed :- i). The impugned order is set aside. The complaint is dismissed as not maintainable. The State Government is however, directed to make a reference under Section 10 of the Industrial Disputes Act to the Industrial Tribunal for adjudicating the issues raised in the complaint including the issue as to whether there is an employer employee relationship between the parties. ii). The order granting status-quo dated 17.11.2008 shall continue for a period of eight weeks from today. Needless to add that the Respondent shall be entitled to make an application for interim reliefs before the Industrial Tribunal. It is however, clarified that I have not expressed any opinion on what the status-quo is. 5. The Writ Petition is accordingly disposed of.