Case Note & Summary
The petitioner, a trade union of non-teaching employees of Ramdeobaba Kamla Nehru Engineering College, filed a complaint under the MRTU & PULP Act alleging unfair labour practices by the employer (respondents 5 and 6). The complaint sought extension of pay scales as per Government Notification dated 27.07.1989 to all complainants from their respective dates of appointment, along with arrears. The Industrial Court dismissed the complaint, finding that the notification was not applicable to the complainants and that a settlement at Exh. 48 between the parties governed their pay scales. The Industrial Court also noted that most witnesses admitted receiving proper pay scales. The petitioner filed a review which was dismissed on 02.04.2005, leading to the present writ petition under Articles 226 and 227 of the Constitution. The High Court heard arguments and upheld the Industrial Court's order, dismissing the writ petition.
Headnote
A) Industrial Law - Unfair Labour Practice - Pay Scale Entitlement - Items 1,5,6,9 of Schedule IV, Items 2,3 of Schedule II of Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1972 - The petitioner union sought pay scales as per Government Notification dated 27.07.1989 for non-teaching staff. The Industrial Court dismissed the complaint holding that the notification was not applicable and that the settlement at Exh. 48 governed the pay scales. The High Court upheld the Industrial Court's findings, noting that the complainants failed to establish entitlement to the claimed pay scales. (Paras 2-3)
Issue of Consideration
Whether the Industrial Court erred in dismissing the complaint seeking extension of pay scales as per Government Notification dated 27.07.1989 to the non-teaching staff of the engineering college.
Final Decision
Writ petition dismissed. The order of the Industrial Court dated 20.03.2004 and the review dismissal dated 02.04.2005 are upheld.
Law Points
- Unfair labour practice
- Pay scale entitlement
- Government notification applicability
- Settlement binding
- MRTU & PULP Act
- Schedule IV items 1
- 5
- 6
- 9
- Schedule II items 2
- 3
Case Details
2010 LawText (BOM) (03) 183
Writ Petition No. 3802 of 2005
Shri R.S. Parsodkar for petitioner; Shri Mujumdar, AGP for respondents 1 & 4; Shri P.V. Thakare for respondent 2; Shri Sundaram with Ms. Tanna for respondent 3; Shri Shreyas Zinjharde with Shri Marpakwar for respondents 5 & 6
Shri Ramdeobaba Kamla Nehru Abhiyantriki Mahavidyalaya Shikshaketar Karmachari Sanghatana
State of Maharashtra, Nagpur University, All India Council for Technical Education, Industrial Court, Shri Ramdeobaba Sarwajanik Samiti, Ramdeobaba Kamla Nehru Engineering College
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Nature of Litigation
Writ petition under Articles 226 and 227 of Constitution of India challenging order of Industrial Court dismissing complaint under MRTU & PULP Act.
Remedy Sought
Petitioner union sought quashing of Industrial Court order dated 20.03.2004 and review dismissal dated 02.04.2005, and extension of pay scales as per Government Notification dated 27.07.1989.
Filing Reason
Petitioner union alleged unfair labour practices by employer in not extending pay scales as per Government Notification.
Previous Decisions
Industrial Court dismissed Complaint ULP No. 148 of 1995 on 20.03.2004; review dismissed on 02.04.2005.
Issues
Whether the Industrial Court erred in holding that the Government Notification dated 27.07.1989 was not applicable to the complainants.
Whether the settlement at Exh. 48 between parties governed the pay scales of the complainants.
Submissions/Arguments
Petitioner argued that the Industrial Court failed to appreciate that the Government Notification was applicable and that the settlement did not bar the claim.
Respondents argued that the notification was not applicable and that the settlement governed the pay scales, which were properly paid.
Ratio Decidendi
The Industrial Court's finding that the Government Notification dated 27.07.1989 was not applicable to the complainants and that the settlement at Exh. 48 governed their pay scales was based on evidence and cannot be interfered with under writ jurisdiction.
Judgment Excerpts
By this writ petition, filed under Articles 226 & 227 of Constitution of India, the petitioner – Union has questioned the order dated 20.03.2004 delivered by Member, Industrial Court in Complaint ULP No. 148 of 1995, dismissing the same.
Industrial Court also relied upon one settlement at Exh. 48 between parties and noted that most of the witnesses examined before it accepted that they were getting their salary in proper pay scale.
The Government Notification dated 27.07.1989 is found not applicable to the complainants by it.
Procedural History
Complaint ULP No. 148 of 1995 filed by petitioner union before Industrial Court, Nagpur Bench, dismissed on 20.03.2004. Review petition dismissed on 02.04.2005. Present writ petition filed under Articles 226 and 227 of Constitution of India.
Acts & Sections
- Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1972: Schedule IV items 1, 5, 6, 9; Schedule II items 2, 3
- Constitution of India: Articles 226, 227
