(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 1196 OF 2011 Gorakhnath s/o. Mannu Rathod, Age : 38 years, Occupation : Service, R/o. Girijamata Colony, Mukundwadi, .. Petitioners Aurangabad, (Original complainants) and 8 others. versus The Manager, Seth Nandalal Dhoot Hospital, A-1, MIDC Industrial Area, Chikalthana, Aurangabad, .. Respondents and others. (Original respondents) ....................... Mr. S.S. Kulkarni, Advocate, for the petitioners. Mr. K.J. Ghute Patil, Assistant Government Pleader, for added respondent no.3. ........................ CORAM : B.P. DHARMADHIKARI, J. DATE : 25TH FEBRUARY 2011 (2) COURT'S ORDER : 1. Heard Adv. Mr. Kulkarni, for the petitioners. 2. Adv. Mr. Kulkarni seeks leave to join State Government through Secretary, Labour Department, as party respondent. Leave granted. Learned AGP, Mr. Ghute Patil, who is present in Court, appears for the said respondent. 3. It is apparent that in ULP Complaint itself, the attempt was to show that petitioners were always employees of respondent no.1 / Hospital and various agencies like respondent no.2 were introduced from time to time, only to deny them benefits of regularization and permanency. In other words, effort was to establish direct relationship with respondent no.1 / Hospital by contending that contracts entered into with respondent no.2 were sham and bogus. 4. The Industrial Court has considered various judgments cited before it and thereafter has found complaint not maintainable. 5. After hearing learned Counsel for the petitioners, I am satisfied that the relationship between parties cannot be said (3) to be either "undisputed" or "indisputable". In this situation, I do not see any jurisdictional error or perversity. I am, therefore, not inclined to interfere in the matter. 6. However, considering the fact that the petitioners claim to be in service for more than ten years, I am inclined to grant them an opportunity to move appropriate application before Conciliation Officer within a period of four weeks from today. If such application is moved, the Conciliation Officer, namely, Assistant Labour Commissioner, Aurangabad, shall attempt to conciliate in the matter as early as possible and in any case, within a further period of two months. If the matter cannot be settled amicably in conciliation, the said authority shall see that the reference reaches the competent court within a further period of eight weeks. 7. With these observations and directions, the petition is disposed of. No costs. ( B.P. DHARMADHIKARI ) JUDGE ......................... bgp/wp1196