Case Note & Summary
The judgment pertains to two writ petitions filed by the State Government of Maharashtra challenging the order of the Industrial Court, Kolhapur, dated 11.01.2005. The Industrial Court had allowed a complaint filed by a registered trade union (Sarva Shramik Sangh, Sangli) on behalf of its members, who were employees engaged in horticultural activities under the control of the petitioners. The employees were involved in preparing fruit plants, tree plants, vegetable plants, and plantation activities such as coconut, lemon, mango, etc., on a 30-acre piece of land in Kupwad, Sangli. The complaint alleged that the employees had worked for more than 240 days and were entitled to permanency benefits, but the petitioners had engaged them as temporary workers while also employing permanent employees for the same work. The Industrial Court allowed the complaint and directed the petitioners to grant permanency benefits to the employees listed in Annexure-A (except two persons) with effect from 01.07.1988. The State Government challenged this order by filing writ petitions under Article 227 of the Constitution. The High Court, after considering the submissions, dismissed the writ petitions, upholding the Industrial Court's order. The court found no error in the Industrial Court's finding that the employees were engaged in the process of preparing fruit plants, tree plants, vegetable plants, plantation activity, and were entitled to permanency benefits under the MRTU & PULP Act, 1971.
Headnote
A) Industrial Law - Unfair Labour Practice - Permanency Benefits - Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, Section 3 read with Item 6 of Schedule IV - The Industrial Court allowed the complaint filed by the trade union on behalf of employees engaged in horticultural activities, directing the State Government to grant permanency benefits to the employees mentioned in Annexure-A except two persons w.e.f. 01.07.1988. The court held that the employees had worked for more than 240 days and were entitled to permanency benefits. (Paras 1-2)
B) Industrial Law - Jurisdiction of Industrial Court - MRTU & PULP Act, 1971 - The High Court upheld the Industrial Court's order, dismissing the writ petitions filed by the State Government under Article 227 of the Constitution of India. The court found no error in the Industrial Court's finding that the employees were engaged in the process of preparing fruit plants, tree plants, vegetable plants, plantation activity, and were entitled to permanency benefits. (Paras 1-2)
Issue of Consideration
Whether the employees engaged in horticultural activities (preparing fruit plants, tree plants, vegetable plants, plantation activity) are entitled to permanency benefits under the MRTU & PULP Act, 1971, and whether the Industrial Court's order granting such benefits is sustainable.
Final Decision
The High Court dismissed the writ petitions, upholding the Industrial Court's order dated 11.01.2005.
Law Points
- Permanency benefits
- Unfair labour practice
- MRTU & PULP Act
- 1971
- Industrial Court jurisdiction
- Horticultural workers
- Continuous service
- 240 days
Case Details
2023 LawText (BOM) (11) 78
Writ Petition No. 8115 of 2005 with Civil Application No. 66 of 2022 in Writ Petition No. 8118 of 2005; Writ Petition No. 7090 of 2006
Mr. S.H. Kankal, AGP for Petitioners; Mr. Saurabh Mandlik i/by M.S. Topkar, Advocate for Respondent No.1 in WP 8515/2005; Mr. Manoj Patil, Advocate for Respondent Nos.2 to 11 in WP 8115/2005
Zilla Adhikshak Krushi Khate Sanlgi & Anr. (in WP 8115/2005); Adhikshan Krushikhate, Maharashtra Rajya & Ors. (in WP 7090/2006)
The General Secretary (Sarva Shramik Sangh, Sangli) & Ors. (in WP 8115/2005); Vilas Hariba Kharade & Ors. (in WP 7090/2006)
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Nature of Litigation
Writ petitions under Article 227 of the Constitution of India challenging the order of the Industrial Court granting permanency benefits to employees.
Remedy Sought
The petitioners (State Government) sought to quash the Industrial Court's order dated 11.01.2005.
Filing Reason
The Industrial Court allowed the complaint filed by the trade union and directed the petitioners to grant permanency benefits to the employees.
Previous Decisions
The Industrial Court, Kolhapur, allowed Complaint (ULP) No.172 of 1988 on 11.01.2005, directing the petitioners to grant permanency benefits to the employees mentioned in Annexure-A except two persons w.e.f. 01.07.1988.
Issues
Whether the employees engaged in horticultural activities are entitled to permanency benefits under the MRTU & PULP Act, 1971?
Whether the Industrial Court's order granting permanency benefits is sustainable?
Submissions/Arguments
The petitioners (State Government) argued that the Industrial Court erred in granting permanency benefits.
The respondents (trade union and employees) supported the Industrial Court's order.
Ratio Decidendi
The Industrial Court's finding that the employees were engaged in the process of preparing fruit plants, tree plants, vegetable plants, plantation activity and were entitled to permanency benefits under the MRTU & PULP Act, 1971, was upheld. The High Court found no error in the Industrial Court's order.
Judgment Excerpts
Writ Petition No.8115 of 2005 is filed by Zilla Addhikshik, Krishi Khate, Sangli i.e. on behalf of the State Government of Maharashtra under the provisions of Article 227 of the Constitution of India to challenge the judgment and order dated 11.01.2005 passed by the learned Industrial Court, Kolhapur in Complaint (ULP) No.172 of 1988.
By the said judgment, the learned Industrial Court allowed the Complaint filed by the Respondents (original complainant) and directed the Petitioners to grant permanency benefits to the employees mentioned in Annexure-A to the Complaint except two persons w.e.f. 01.07.1988.
Procedural History
The complaint was filed by the trade union before the Industrial Court, Kolhapur, which allowed it on 11.01.2005. The State Government challenged this order by filing writ petitions under Article 227 of the Constitution of India before the High Court of Bombay. The High Court dismissed the writ petitions on 04.11.2023.
Acts & Sections
- Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971: Section 3, Item 6 of Schedule IV
- Constitution of India: Article 227
