WP/3628/2001 : 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3628 OF 2001 Sarva Shramik Sanghatana, Pune ... Petitioner V/s. M/s.Cummins Diesel Sales & Services (I) Ltd. & Ors. ... Respondents Ms.Seema Sarnaik for Petitioner Mr.D.J. Bhanage i/b M/s.Haresh Mehta & Co. for Respondents CORAM: SMT.NISHITA MHATRE, J. DATE: FEBRUARY 10, 2011 P.C.: 1. The Petition has been filed against the order of the Industrial Court on 2.12.2000 in Complaint (ULP) No.219 of 1998. 2. The complaint was filed by the petitioner alleging that the respondents had engaged in unfair labour practices under Item 6 of Schedule II and Items 5, 7, 9 and 10 of Schedule IV of the MRTU & PULP Act. The Industrial Court has dismissed the complaint as it had already held in Complaint (ULP) No.610 of 1997 that there was no employer-employee relationship between the workman represented by the petitioner and the respondent No.1. 3. The Industrial Court has dismissed the complaint in view of the earlier order WP/3628/2001 : 2 : passed in the aforesaid complaint. The issue as to whether the persons named in annexure A of the complaint were employees of Respondent Nos.1 and 2 has not been decided since Writ Petition No.671 of 1999 was pending in this Court. 4. By my order dated 10.1.2011, I have decided Writ Petition No.671 of 1999, a copy of which decision is produced, taken on record. I have dismissed the writ petition in view of the judgments of the Supreme Court in the case of Cipla Ltd. vs. Maharashtra General Kamgar Union & Ors., AIR 2001 SC 1165 and Vividh Kamgar Sangathana vs. Kalyani Steel Ltd., 2001 I CLR 532. However, while dismissing the complaint I have granted liberty to the petitioner to agitate its grievance about the concerned workman by approaching the proper forum. 5. In my view, the present petition has become infructuous in view of the decision in the Writ Petition No.671 of 1999. 6. The present Writ Petition is dismissed accordingly. 7. Rule discharged. No costs.