RAPTAKOS BRETT AND CO. LTD. vs PAWAN SHARMA

Judgment text excerpt

Neeta Sawant WP-2545-2023-FC IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2545 OF 2023 Raptakos Brett & Co. Ltd. …..Petitioner : Versus : Pawan Sharma ….Respondent Mr. V.P. Sawant, Senior Advocate with Mrs. N.R. Patankar, Mr. Prabhakar M. Jadhav, Ms. Tanaya Patankar and Ms. Smita Shinde, for the Petitioner. Mr. R. D. Bhat, for the Respondent. CORAM : SANDEEP V. MARNE, J. RESERVED ON : 11 SEPTEMBER 2025 PRONOUNCED ON : 19 SEPTEMBER 2025 JUDGMENT :- 1) The petition raises an important issue relating to jurisdiction of Industrial Court to entertain a complaint of unfair labour practice when an order of transfer is issued within the territorial jurisdiction of the Industrial Court but is served on the employee posted outside the Industrial Court’s jurisdiction. Thus, the issue that arises for determination is whether issuance of transfer order at Mumbai would confer jurisdiction on Industrial Court at Mumbai for entertaining complaint of unfair labour practices under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 when such order seeks to Page No.1 of 34 19 September 2025 Neeta Sawant WP-2545-2023-FC transfer the Respondent from Sriganganagar (Rajasthan) to Shahjahanpur (Uttar Pradesh). By impugned order dated 4 May 2022, the Industrial Court has rejected Petitioner’s objection of jurisdiction, which order is the subject matter of challenge in the present petition. 2) Petitioner is a pharmaceutical company engaged in the business of manufacturing and marketing of pharmaceutical and nutraceutical products. It has its corporate office at Nariman Point in Mumbai. By letter of appointment dated 21 August 1990, Respondent was appointed as Medical Representative w.e.f. 21 August 19