Court Not To Interfere In Dispute Between the Employer And Employees Only On Breach Of Fundamental Right

In M/s Ziqitza Health Care Ltd. vs. State of MP, a single bench of the Madhya Pradesh High Court has held if the fundamental right of aggrieved party is not infringed than it is beyond the scope of judicial review under Article 226 of the Constitution to consider relief sought by the employer again.

The court dismissed a petition filed by a private firm providing vehicles to 108 Emergency Ambulance Services of the State government.

The government has outsourced the transportation to the petitioner private firm.

Some differences cropped up between the petitioner private firm and its employees in respect of working hours, payment of wages and other service conditions led the the association of employees to give a demand letter to the petitioner.

Justice Sanjay Yadav said “there exist a dispute between the employer and employees and the petitioner has already taken recourse to the provisions of the Industrial Disputes Act, 1947”.

“The matter is under active consideration before Assistant Labour Commissioner, who is being conferred with the certain powers under the Act of 1947”, the court said.

Thus, the Court declined to interference in the matter.