Case Note & Summary
The case involves three writ petitions filed by the State of Maharashtra and three others challenging a common judgment and order dated 9th March 1994 passed by the Industrial Court, Nagpur. The Industrial Court had allowed complaints filed by the respondent employees under Section 28 read with Items 5 and 9 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971. The complainants were initially appointed as Mazdoors on daily wages by the petitioners. They were later brought on Converted Regular Temporary Employee (CRTE) status as per a State Government decision communicated on 10th January 1983. The complainants alleged that while all similarly situated employees were promoted to the post of Karkun by an order dated 1st January 1986, they were denied such promotion despite being entitled to it. The Industrial Court found that the denial constituted an unfair labour practice and directed the petitioners to promote the complainants. The petitioners challenged this order in the High Court. The High Court examined the facts and found that the Industrial Court's findings were based on evidence and were not perverse. The court noted that the petitioners had not provided any valid reason for denying promotion to the complainants while promoting others. The High Court held that the Industrial Court had correctly applied the law and that no interference was warranted. The writ petitions were dismissed, and the Industrial Court's order was upheld.
Headnote
A) Industrial Law - Unfair Labour Practice - Denial of Promotion - Items 5 and 9 of Schedule IV, Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 - The complainants, daily wage Mazdoors, were denied promotion to Karkun posts despite being entitled as per government policy, while similarly situated employees were promoted. The Industrial Court held that such denial amounts to unfair labour practice. The High Court upheld the order, finding no perversity or error of law. (Paras 1-10)
Issue of Consideration
Whether the denial of promotion to the complainants (daily wage Mazdoors) to the post of Karkun, while promoting similarly situated employees, constitutes an 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.
Final Decision
The High Court dismissed the writ petitions and upheld the Industrial Court's order dated 9th March 1994.
Law Points
- Unfair labour practice
- Denial of promotion
- Daily wage employees
- Items 5 and 9 of Schedule IV
- Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act
- 1971
- Section 28
