
In a recent decision, the Bombay High Court addressed the complicated issue of which court has the authority to handle job disputes, especially in cases where the decisions are made in Maharashtra but affect workers outside the state. This decision could have a big impact on job laws and worker rights across India.
The case involved several complaints from medical representatives who were moved to different jobs or let go by companies with main offices in Maharashtra. The main question was whether the courts in Maharashtra could hear these cases, even though the workers were located outside the state when the alleged unfair job practices happened.
Earlier, in the GlaxoSmithKline case, a group of judges decided that only the worker's location mattered in deciding which court could hear the case. This meant that if a worker was located outside Maharashtra, the state's courts couldn't hear their case, no matter where the decision to move or let them go was made.
However, the Supreme Court's decision in the Nandram case changed things. It ruled that if the decision to move or let someone go was made in Maharashtra, then part of the reason for the case started there, giving Maharashtra courts the authority to hear it. This was a big change from the earlier view.
Worker's Location vs. Decision Location: The court looked at whether the worker's location or where the decision was made should decide which court has authority. It concluded that both factors matter, not just where the worker is.
Effects of Nandram: The court noted that the Supreme Court's decision in Nandram effectively changed the earlier GlaxoSmithKline example, as it recognized the place where the decision was made as important.
Practicality and Enforcement: Concerns about enforcing orders outside Maharashtra were discussed, but the court pointed out that if the main office is in Maharashtra, enforcement is possible.
The Bombay High Court's decision follows the Supreme Court's broader view, allowing Maharashtra courts to hear cases where important job decisions are made within the state. This decision highlights a more inclusive approach to deciding which court can handle cases, considering both where the decision is made and where the worker is located.
This decision is a win for workers, ensuring they can seek justice in the state where important job decisions are made, even if they work somewhere else. It emphasizes the importance of considering both where decisions start and where they have an impact in job disputes.