Bombay High Court Overturns Industrial Court’s Interim Order on Employee’s Transfer and Wage Claims.
05 January 2024
Unpaid salary/bonus/gratuity >> Workplace/ Professional Related
The Maharashtra State Co-operative Marketing Federation Ltd. (Petitioner) filed a petition challenging the Order passed by the Member of the Industrial Court on 28 June 2023. The Industrial Court had directed the Petitioner to pay wages, annual increments, and permit the Respondent to mark attendance on the Federation’s muster-roll, following the Respondent’s transfer to a contractor, M/s. Brisk India Pvt. Ltd.
The Respondent had initially worked as a Typist for the Federation on a daily wage basis, and after being transferred to Brisk, sought the Federation to regularize her service and continue her wages and benefits. The Petitioner contested the claim, arguing the transfer was lawful and that the Respondent was engaged intermittently. The Industrial Court had earlier issued an interim order in April 2022 maintaining the status quo of the Respondent’s employment, but the Respondent later sought additional interim relief in September 2022.
The Court concluded that the additional interim order passed by the Industrial Court was erroneous. The Petitioner's payment of wages through Brisk was in compliance with the status-quo order. The Court found that the order to pay wages retroactively, grant increments, and permit attendance marking on the Federation's muster-roll was not justified, as it amounted to a final relief, and was inconsistent with the earlier interim status-quo order. As a result, the Writ Petition was allowed, and the Order of the Industrial Court was set aside.