Case Note & Summary
The petitioner, Municipal Council, Jalna, challenged the judgment and order dated 04.08.2014 passed by the Member, Industrial Court, Jalna, partly allowing the respondent's Complaint (ULP) No.57 of 2007. The Industrial Court directed the petitioner to fix the respondent in the pay scale of the post of Pump Operator and to pay him wages and arrears. The respondent was initially recruited as a Sweeper on 19.12.1988. When the regular Pump Operator, Shri L.P. Kulkarni, retired in March 2003, the Chief Executive Officer of the Municipal Council directed the respondent to work as Pump Operator in place of Kulkarni till further orders by order dated 25.03.2003. The respondent worked as Pump Operator continuously. The State Government sanctioned a staffing pattern on 09.05.2005, which included only three regular posts of Pump Operator and seven temporary posts. The respondent requested regular promotion to the post of Pump Operator, but the Municipal Council turned down his request on 25/29.08.2005 on the ground that no regular post of Pump Operator was available for his promotion. The respondent filed Complaint (ULP) No.57 of 2007 before the Industrial Court, Jalna, seeking a declaration that he is a regular Pump Operator with effect from 25.02.2003 and that he should be paid pay-scale, wages, increments, and arrears. The Industrial Court partly allowed the complaint, directing the petitioner to fix the respondent in the pay scale of Pump Operator and pay arrears. The High Court upheld the Industrial Court's order, holding that the respondent was entitled to the regular pay scale of Pump Operator as he had been discharging the duties of that post for a long period, and the denial amounted to unfair labour practice under Item 6 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971. The court dismissed the writ petition.
Headnote
A) Industrial Law - Regularisation - Pay Scale - Ad-hoc Promotion - Section 5, Schedule IV Item 6 of Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 - The respondent was appointed as Sweeper but directed to work as Pump Operator on ad-hoc basis from 25.03.2003. Despite working for over four years, the Municipal Council denied regular pay scale citing lack of sanctioned post. The Industrial Court directed fixation in pay scale of Pump Operator and payment of arrears. The High Court upheld the order, holding that the respondent was entitled to regular pay scale for the post of Pump Operator as he was discharging duties of that post for a long period, and the denial amounted to unfair labour practice. (Paras 2-10) B) Industrial Law - Unfair Labour Practice - Denial of Regular Pay Scale - Section 5, Schedule IV Item 6 of Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 - The Municipal Council's refusal to grant regular pay scale to the respondent, who worked as Pump Operator for over four years, constituted unfair labour practice. The court held that the employer cannot deny the benefits of the post to an employee who has been continuously working on that post, merely because the post is not sanctioned. (Paras 8-10)
Issue of Consideration
Whether the respondent, who was directed to work as Pump Operator on ad-hoc basis, is entitled to regular pay scale of Pump Operator despite non-availability of sanctioned regular post.
Final Decision
Writ petition dismissed. The order of the Industrial Court dated 04.08.2014 directing the petitioner to fix the respondent in the pay scale of Pump Operator and pay arrears is upheld. Rule discharged. Civil Application No.8611 of 2021 disposed of.
Law Points
- Regularisation
- Pay Scale
- Ad-hoc Promotion
- Unfair Labour Practice
- Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act
- 1971
- Section 5
- Schedule IV Item 6
