Case Note & Summary
The petitioner, Chhatrapati Sahakari Sakhar Karkhana Limited, a sugar factory, employed the respondent, Mohan Ambadas Mule, as a compounder on 18th July 1988 on probation with a consolidated salary of Rs.800 per month. The respondent filed Complaint (ULP) No.156 of 1996 before the Industrial Court alleging unfair labour practice under items 5 and 9 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (MRTU & PULP Act), claiming he was not paid wages in accordance with the wage scale fixed by the Wage Board for the sugar industry. The Industrial Court condoned the delay in filing the complaint, holding that the non-payment of correct wages was a continuous cause of action. After recording evidence, the Industrial Court concluded that unfair labour practices under items 5 and 9 had been committed. The petitioner challenged this order by way of a writ petition before the Bombay High Court. The High Court, after considering the evidence and submissions, found no perversity in the Industrial Court's findings and dismissed the petition, upholding the order that the employer had committed unfair labour practice by not paying wages as per the Wage Board scale.
Headnote
A) Industrial Law - Unfair Labour Practice - Items 5 and 9 of Schedule IV of MRTU & PULP Act - Continuous Cause of Action - The Industrial Court condoned delay in filing complaint as the non-payment of correct wages constituted a continuous cause of action. Held that the complaint was maintainable and the employer committed unfair labour practice by not paying wages as per Wage Board scale. (Paras 1-2) B) Industrial Law - Wage Board - Binding Nature - Sugar Industry - The wage scale fixed by the Wage Board for the sugar industry is binding on the employer. Failure to pay wages in accordance with that scale amounts to unfair labour practice under items 5 and 9 of Schedule IV of the MRTU & PULP Act. (Paras 1-2)
Issue of Consideration
Whether the complaint alleging unfair labour practice for non-payment of wages as per Wage Board scale was maintainable despite delay, and whether the Industrial Court's finding of unfair labour practice was correct.
Final Decision
The High Court dismissed the writ petition, upholding the Industrial Court's order that the employer committed unfair labour practice by not paying wages as per the Wage Board scale.
Law Points
- Continuous cause of action
- Delay condonation
- Unfair labour practice
- Wage Board fixation
- MRTU & PULP Act
