Case Note & Summary
The State of Maharashtra and the Nasik Irrigation Division filed a writ petition challenging an award of the Industrial Court, Ahmednagar, in Complaint (ULP) No.47/1987. The Industrial Court had directed the petitioners to grant permanency benefits to 14 daily rated workers, members of the respondent union, with effect from 17.3.1987, and to pay arrears. The respondent union had filed the complaint alleging that the daily rated workers were paid less and denied benefits available to permanent workers, and were appointed on a casual or temporary basis despite continuous service. The Industrial Court found that the petitioners had engaged in unfair labour practice. The High Court, after hearing arguments, dismissed the petition, upholding the Industrial Court's award. The court held that the daily rated workers were entitled to permanency as they had completed 240 days of continuous service, and the denial constituted unfair labour practice under the MRTU & PULP Act. The petition was dismissed with no order as to costs.
Headnote
A) Industrial Law - Unfair Labour Practice - Permanency - Daily Rated Workers - Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (MRTU & PULP Act) - The Industrial Court found that the petitioners engaged in unfair labour practice by not granting permanency to 14 daily rated workers who had completed 240 days of continuous service. The court upheld the award, directing permanency and arrears from 17.3.1987. (Paras 1-2)
Issue of Consideration
Whether the Industrial Court was justified in directing the State to grant permanency benefits to 14 daily rated workers with effect from 17.3.1987 and to pay arrears.
Final Decision
The High Court dismissed the writ petition, upholding the Industrial Court's award directing permanency and arrears to the 14 workers. No order as to costs.
Law Points
- Unfair labour practice
- permanency
- daily rated workers
- continuous service
- MRTU & PULP Act
- Industrial Court jurisdiction
Case Details
2010 LawText (BOM) (01) 423
Writ Petition No.1454 of 1991
Mr. N.N. Jadhav, A.G.P. for the petitioners; Mr. A.S. Shelke, advocate holding for Mr. S.K. Shelke, advocate for the Respondent
The State of Maharashtra, Irrigation Department, Mantralaya, Bombay-32 through Secretary; Nasik Irrigation Division, Nasik (through the Executive Engineer)
Ahmednagar Zilla Raste Imarati Va Patbhandhare Kamgar Union, 'Shramik' Tilak Road, Ahmednagar
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Nature of Litigation
Writ petition challenging an award of the Industrial Court directing grant of permanency benefits to daily rated workers.
Remedy Sought
The petitioners (State of Maharashtra and Nasik Irrigation Division) sought to quash the Industrial Court's award directing permanency and arrears to 14 workers.
Filing Reason
The petitioners impugned the award of the Industrial Court, Ahmednagar, in Complaint (ULP) No.47/1987.
Previous Decisions
The Industrial Court directed the petitioners to give benefit of permanency to 14 workers with effect from 17.3.1987 and to pay arrears.
Issues
Whether the Industrial Court was justified in directing the State to grant permanency benefits to 14 daily rated workers with effect from 17.3.1987 and to pay arrears.
Submissions/Arguments
The respondent union contended that daily rated workers were paid less and denied benefits of permanent workers, and were appointed on casual/temporary basis despite continuous service.
The petitioners argued against the award, but the judgment does not detail their specific submissions.
Ratio Decidendi
The Industrial Court's finding of unfair labour practice was justified as the daily rated workers had completed 240 days of continuous service and were entitled to permanency benefits.
Judgment Excerpts
The petitioners impugn award rendered by learned Member of Industrial Court, Ahmednagar in complaint (ULP) No.47/1987.
The Industrial Court directed the petitioners to give benefit of permanency to 14 workers, who are members of the Respondent Union, with effect from 17.3.1987.
Procedural History
The respondent union filed Complaint (ULP) No.47/1987 before the Industrial Court, Ahmednagar, alleging unfair labour practice. The Industrial Court allowed the complaint and directed permanency and arrears. The petitioners challenged this award by filing Writ Petition No.1454 of 1991 before the Bombay High Court, Aurangabad Bench, which was dismissed on 15.01.2010.
Acts & Sections
- Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971:
