Limits of summary jurisdiction under the MRTU and PULP Act regarding disputed employer-employee relationships

Proceedings initiated under Section 28 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 are summary in nature and strictly presuppose the existence of an undisputed or indisputable direct employer-employee relationship. Where the principal employer denies the existence of a master-servant relationship ab initio on the ground that the workers are engaged via independent, licensed contractors under the Contract Labour (Regulation and Abolition) Act, 1970, the Labour Court under the MRTU Act lacks jurisdiction to inquire into allegations of unfair labour practices. The ancillary jurisdiction under Section 32 of the MRTU Act cannot be stretched to confer substantive authority to adjudicate foundational disputes over employment status that were disputed from inception. In such circumstances, the proper and legally sanctioned course is for the workmen to raise an industrial dispute under the Industrial Disputes Act, 1947 to first obtain an adjudication on their status. (M/S Premium Transmission Private Limited Vs The State of Maharashtra and Others | 2026 INSC 87).