AURANGABAD: A division bench of the Aurangabad bench of the Bombay High Court has turned down the plea of a soft drink bottling company, challenging the decision of a single judge bench which had upheld the decision of an industrial court.The industrial court had ordered the company to allow the workers concerned to resume duty. It also directed the company to pay full back wages for the period from 2005 till the workers were reinstated.The division bench comprising Justice TV Nalawade and Justice Sunil K Kotwal ruled that the “Industrial court has not committed any error in exercising the jurisdiction to decide the complaints and there is no possibility of interference in the decision of learned single judge on merits also as LPA itself is not tenable”.The company, Indo-European Breweries Limited located at Waluj Industrial Area, which is in the business of bottling soft drink, has been fighting a legal battle for a few years.The division bench also observed that as per the record of negotiations made before the police as well as the deputy commissioner of labour, the company had agreed that it would take all the workers back.The company had said that following an incident on March 8, 2005, the contract labourers unleashed violence, following which they were prevented from entering the factory premises and were finally terminated.The company had claimed that it had engaged only 18 workers directly and 96 were sourced from a contractor. However, the labourers had claimed that they were direct employees of the company.Citing Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, the industrial court had held that the company had engaged in unfair labour practices. The court held that the records of the contractor and the employer in support of the contentions made by them were highly suspicious in nature. The industrial court concluded that the labourers are employees of the company.Following the decision of the division bench on Wednesday, the company submitted that from 2010 till a few days prior to the decision, there was a status quo order. It sought status quo in its favour for challenging the order of the division bench.Expressing unhappiness over the plea seeking status quo, the division bench observed, “It can be said that it is unfortunate that even after the decision given by the industrial court in favour of the workers, they are not allowed to resume duty. However, as there was relief of aforesaid nature for about eight years in this proceeding, similar relief is given for the period of four weeks from today.”

Stay updated with all the Latest Aurangabad headlines here. For more exclusive & live news updates from all around India, stay connected with NYOOOZ.