Case Note & Summary
The Deputy Conservator of Forest, Nashik Van Vibhag (E), Nasik and others (petitioners) filed a Writ Petition under Article 227 of the Constitution of India challenging a common judgment and order dated 06.03.2002 passed by the Industrial Court, Nasik. The Industrial Court had allowed 5 separate ULP Complaints filed by the respondent, Nasik Zilla Van Shramik Sangh, on behalf of workers, and 6 individual complaints filed by 6 workers. The Industrial Court directed the petitioners to grant the benefit of permanency to the workers. The petitioners, representing the State of Maharashtra, argued that the Industrial Court's order was erroneous and without jurisdiction. The respondent union supported the order, contending that the workers had been engaged as daily wagers for many years and were entitled to permanency. The High Court, after hearing the parties, examined the impugned order and found that the Industrial Court had correctly applied the law and that there was no perversity or error of jurisdiction. The High Court noted that the Industrial Court had considered the evidence and the relevant legal provisions, including the Industrial Disputes Act, 1947 and the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971. The High Court held that the scope of interference under Article 227 is limited and that the Industrial Court's decision did not warrant any interference. Consequently, the High Court dismissed the Writ Petition, upholding the Industrial Court's order granting permanency to the workers.
Headnote
A) Industrial Law - Permanency - Daily Wage Workers - Industrial Disputes Act, 1947, Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 - The Industrial Court allowed complaints filed by the union on behalf of workers and individual workers, directing the Forest Department to grant permanency to daily wage workers who had worked for years. The High Court upheld the order, finding no perversity or error of jurisdiction in the Industrial Court's decision. (Paras 1-6)
B) Constitutional Law - Writ Jurisdiction - Article 227 of the Constitution of India - Scope of Interference - The High Court, while exercising jurisdiction under Article 227, does not act as an appellate court and can interfere only if the subordinate court has acted without jurisdiction or in excess of jurisdiction, or if there is a patent error of law. In the present case, no such error was found. (Paras 1-6)
Issue of Consideration
Whether the Industrial Court was justified in directing the grant of permanency to daily wage workers employed by the Forest Department of Maharashtra, and whether the petition under Article 227 of the Constitution of India against such order should be allowed.
Final Decision
The High Court dismissed the Writ Petition, upholding the Industrial Court's order dated 06.03.2002 granting permanency to the workers.
Law Points
- Permanency
- Daily wage workers
- Unfair labour practice
- Industrial Court jurisdiction
- Article 227 of Constitution of India
- Industrial Disputes Act
- 1947
- MRTU & PULP Act
- 1971
Case Details
2023 LawText (BOM) (11) 75
Writ Petition No. 6398 of 2003 with Civil Application (ST) No. 27096 of 2012
Mr. A.P. Vanarase, AGP for Petitioners / State; Mr. Sanjeev B. Deore a/w Ms. Suchita J. Pawar for Respondent; Mr. Sagar S. Dhole, Range Forest Officer present
The Deputy Conservator of Forest, Nashik Van Vibhag (E), Nasik & Ors.
Nasik Zilla Van Shramik Sangh
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Nature of Litigation
Writ Petition under Article 227 of the Constitution of India challenging an order of the Industrial Court granting permanency to daily wage workers.
Remedy Sought
Petitioners (Forest Department) sought to quash the Industrial Court's order directing grant of permanency to workers.
Filing Reason
Petitioners were aggrieved by the Industrial Court's order allowing complaints filed by the respondent union and individual workers, directing grant of permanency.
Previous Decisions
Industrial Court, Nasik passed a common judgment and order dated 06.03.2002 allowing 5 ULP complaints and 6 individual complaints, directing grant of permanency.
Issues
Whether the Industrial Court's order granting permanency to daily wage workers was within its jurisdiction and free from perversity.
Whether the High Court should interfere under Article 227 of the Constitution of India with the Industrial Court's order.
Submissions/Arguments
Petitioners argued that the Industrial Court's order was erroneous and without jurisdiction.
Respondent union supported the order, contending that workers were entitled to permanency after years of service.
Ratio Decidendi
The High Court held that the Industrial Court's order granting permanency to daily wage workers was not perverse and did not suffer from any error of jurisdiction. The scope of interference under Article 227 is limited, and the High Court cannot act as an appellate court. Therefore, the petition was dismissed.
Judgment Excerpts
This Writ Petition is filed by Petitioners on behalf of the State of Maharashtra under Article 227 of the Constitution of India taking exception to the common impugned Judgment & Order dated 06.03.2002 passed by Industrial Court, Nasik allowing 5 separate ULP Complaints filed by Respondent – Nasik Zilla Van Shramik Sangh on behalf of workers and 6 individual Complaints filed by 6 workers, disposing them all by the common Judgment / Order.
By the impugned Judgment & Order, inter alia, the Industrial Court allowed all Complaints and directed Petitioners to extend the benefit of status of permanency and...
Procedural History
The Industrial Court, Nasik passed a common judgment and order on 06.03.2002 allowing ULP complaints and individual complaints filed by the respondent union and workers, directing grant of permanency. The petitioners (Forest Department) filed a Writ Petition under Article 227 of the Constitution of India before the Bombay High Court challenging that order. The High Court heard the matter and dismissed the petition on 06.11.2023.
Acts & Sections
- Constitution of India: Article 227
- Industrial Disputes Act, 1947:
- Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971:
