Complaint of unfair labour practice against an individual (owner)

Associate R (Querist) 17 November 2008 This query is : Resolved
One of the workman has filed a complaint of unfair labour practice under Maharashtra Recognition of Trade Union and Prevention of Unfair Labour Practices in the Labour Court against an individual (owner) and has not made his firm or company a party Respondent in the complaint. Please advise whether the complaint against an individual owner is maintainable and whether the Court has jurisdiction to entertain and try the complaint?

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H. S. Thukral (Expert) 19 November 2008
Section 28 of the Act refers to a 'person' engaged in unfair labour practice against whom a complaint can be filed. Noticeable is that the world is person and not the employer. In my opinion, a complaint against an individual without involving the organisation can be filed and taken cognizance of.