Bombay High Court
M/S. T. G. TERMINAL PVT LTDversusPRESIDENT SAMBHAJI BRIGADE KAMGAR UNION AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The Industrial Tribunal correctly dismissed the petitioner's preliminary objection, leaving the question of liability to be decided on merits.
Summary
M/s T.G. Terminal Pvt. Ltd. filed a writ petition challenging the Industrial Tribunal, Thane's order rejecting its preliminary objection to the maintainability of a reference against it. The Tribunal held that the workers in question were engaged on a contract basis at the petitioner’s establishment and that any liability for statutory dues would depend on whether the contractor had paid them. The Tribunal dismissed the petitioner's preliminary objection but clarified that its observations on the petitioner’s legal or moral responsibility were not final. All substantive contentions on the merits were left open for determination. Consequently, the High Court disposed of the writ petition without deciding the substantive liability issue.
Issues considered
- Whether the preliminary objection raised by the petitioner challenging the maintainability of the reference is maintainable.
- Whether the petitioner, as principal employer, is liable to make contract workers permanent and to pay their salary, wages and other benefits.
- Whether liability of the petitioner for statutory dues of contract workers can be determined at the preliminary stage.
Subjects
- Industrial Tribunal
- Principal employer
- Contract workers
- Preliminary objection
- Writ petition
- Liability for statutory dues
Judgment
Sonali Mane 14-WP-12747-2026.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 12747 OF 2026
M/s. T. G. Terminal Pvt. Ltd. … Petitioner
Versus
President Sambhaji Brigade
Kamgar Union And Anr. … Respondent
Mr. Dinesh Pednekar a/w Mr. Minhas Joshi i/b Economic Laws Practice
for the Petitioner.
Mr. Arpit K. Ashok i/b Mr. Tanaji Jadhav for Respondent No.1.
CORAM : SANDEEP V. MARNE, J.
DATE : 1 OCTOBER 2026.
P.C. :
1) The Petition challenges Order dated 4 March 2026 passed by
the Presiding Officer, Industrial Tribunal, Thane rejecting the
preliminary objection raised by the Petitioner-Management about
maintainability of the reference against it.
2) Perusal of the impugned order would indicate that the
Industrial Tribunal has held that the concerned workers are deployed to
work on contract basis at the establishment of the Petitioner.
MANE Whether the Petitioner is liable to make them permanent and to pay
SONALI
DILIP
Digitally signed by
MANE SONALI DILIP
them salary, wages and other benefits or not is subject matter of
Date: 2026.10.06
11:02:29 +0530
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1 October, 2026
Sonali Mane 14-WP-12747-2026.docx
dispute on merits. If it is ultimately found that the contractor has not
paid statutory dues to its workers, naturally, the responsibility would
fall on the Petitioner in its capacity as a principal employer. At this
stage, it is too early to gauge as to whether any claim would lie against
Petitioner or not.
3) The Industrial Tribunal has rightly dismissed the objection
raised by the Petitioner. However, it is clarified that observations made
in paragraph 6 of the impugned order about the legal or moral
responsibility of the Petitioner-Management shall not be treated as
final determinative of Petitioner's liability.
4) All contentions on merits are expressly kept open.
5) Writ Petition is accordingly disposed of.
[SANDEEP V. MARNE, J.]
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1 October, 2026
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