Case Note & Summary
The petitioner, Sharad S/o Jagappa Barjibhe, filed a Writ Petition in the High Court of Judicature at Bombay, Bench at Aurangabad, challenging the judgment and order dated 19th October 1989 passed by the Industrial Court at Nashik in Complaint (ULP) No. 67 of 1988, to the extent it refused to confer upon him the status of Clerk in the employment of the respondents. The petitioner was employed temporarily on daily wages with the Forest Development Corporation of Maharashtra Ltd. with effect from 1st April 1982. He claimed that he was continuously in service as a workman on daily wages and performed duties of a clerical nature. The Industrial Court partly allowed his complaint but denied the status of Clerk. The High Court, after considering the facts and submissions, held that the petitioner was entitled to the status of Clerk based on the nature of duties performed and his continuous service. The court set aside the impugned order to the extent it refused the status and directed the respondents to confer the status of Clerk on the petitioner with all consequential benefits. The petition was allowed accordingly.
Headnote
A) Service Law - Classification of Employee - Status of Clerk - Continuous Service - The petitioner was employed as a daily wage workman from 1st April 1982 and performed clerical duties. The Industrial Court refused to confer the status of Clerk. The High Court held that the nature of duties and continuous service entitle the petitioner to the status of Clerk, not the initial designation. (Paras 1-5)
B) Industrial Law - Unfair Labour Practice - Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 - The complaint under the Act was filed by the petitioner seeking status of Clerk. The Industrial Court partly allowed the complaint but refused the status. The High Court set aside that part and directed the respondents to confer the status of Clerk. (Paras 1-5)
Issue of Consideration
Whether the petitioner, initially employed as a daily wage workman, is entitled to be conferred the status of Clerk in the employment of the respondents based on the nature of duties performed and continuous service.
Final Decision
The High Court allowed the Writ Petition, set aside the impugned order of the Industrial Court to the extent it refused the status of Clerk, and directed the respondents to confer the status of Clerk on the petitioner with all consequential benefits.
Law Points
- Continuous service
- nature of duties
- classification of employee
- daily wages
- status of clerk
- Industrial Court jurisdiction
- Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act
- 1971
Case Details
2010 LawText (BOM) (11) 8
Writ Petition No. 796 of 1990
Mr. R.P. Dhase for Petitioner; Mr. Parag Shahare h/f Pradeep Sahare for Respondent Nos. 1 & 2
Sharad S/o Jagappa Barjibhe
Forest Development Corporation of Maharashtra Ltd., Nasik Division; Divisional Manager, Forest Development Corporation, Yawal Division; The Industrial Court, Nashik
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Nature of Litigation
Writ Petition challenging the order of the Industrial Court refusing to confer the status of Clerk on the petitioner.
Remedy Sought
The petitioner sought a writ to set aside the Industrial Court's order to the extent it refused the status of Clerk and to direct the respondents to confer the status of Clerk with consequential benefits.
Filing Reason
The petitioner was employed as a daily wage workman but performed clerical duties; the Industrial Court refused to grant him the status of Clerk.
Previous Decisions
The Industrial Court at Nashik in Complaint (ULP) No. 67 of 1988 partly allowed the complaint but refused the prayer for conferring the status of Clerk.
Issues
Whether the petitioner is entitled to the status of Clerk based on the nature of duties performed and continuous service.
Submissions/Arguments
The petitioner argued that he was continuously employed from 1st April 1982 and performed clerical duties, thus entitled to the status of Clerk.
The respondents opposed the claim, but the judgment does not detail their arguments.
Ratio Decidendi
The nature of duties performed and continuous service, not the initial designation, determine the classification of an employee. The petitioner, having performed clerical duties continuously since 1982, is entitled to the status of Clerk.
Judgment Excerpts
This Writ Petition takes exception to the Judgment and order dated 19th October, 1989 passed by the Industrial Court, at Nashik in complaint (ULP) No. 67 of 1988, to the extent it refuses prayer of the petitioner conferring on him status of Clerk in the employment of the respondents.
It is the case of the petitioner herein who is original complainant that he was employed temporarily on daily wages with the respondent with effect from 1st of April, 1982.
Procedural History
The petitioner filed Complaint (ULP) No. 67 of 1988 before the Industrial Court at Nashik, which was partly allowed on 19th October 1989 but refused the status of Clerk. The petitioner then filed Writ Petition No. 796 of 1990 in the High Court of Judicature at Bombay, Bench at Aurangabad, which was allowed on 16th November 2010.
Acts & Sections
- Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971:
