Case Note & Summary
The petitioners, originally 25 daily wage workers employed by the Dhule Zilla Parishad, filed a complaint before the Industrial Tribunal, Dhule, alleging unfair labour practice under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971. They claimed that they had worked for more than 240 days continuously and were entitled to regularization, but the Zilla Parishad failed to do so. The Industrial Tribunal dismissed the complaint, holding that the workers were not directly employed by the Zilla Parishad but by contractors, and thus no unfair labour practice was established. Aggrieved, the petitioners filed a writ petition before the Bombay High Court. During the pendency of the petition, some petitioners withdrew as they were absorbed. The High Court examined the evidence and found that the petitioners had indeed worked for more than 240 days continuously. The court held that the Industrial Tribunal erred in focusing on the mode of employment rather than the fact of continuous service. The court relied on Section 25-B of the Industrial Disputes Act, 1947, which defines continuous service, and Section 25-F, which provides protection to workmen with 240 days of service. The court also referred to Item 6 of Schedule IV of the MRTU and PULP Act, which declares failure to regularize such workers as an unfair labour practice. The High Court allowed the writ petition, set aside the Tribunal's order, and directed the Zilla Parishad to regularize the services of the petitioners who had completed 240 days of continuous service.
Headnote
A) Industrial Law - Regularization of Daily Wage Workers - Continuous Service - Section 25-B, Industrial Disputes Act, 1947 - The court considered whether daily wage workers who had worked for more than 240 days in a year were entitled to regularization. The Industrial Tribunal had rejected the complaint on the ground that the workers were not directly employed by the Zilla Parishad but by contractors. The High Court held that the Tribunal erred in ignoring the fact that the workers had completed 240 days of continuous service and were entitled to protection under Section 25-F of the Industrial Disputes Act, 1947. The court directed the Zilla Parishad to regularize the services of the petitioners who had completed 240 days of continuous service. (Paras 1-10) B) Industrial Law - Unfair Labour Practice - Item 6 of Schedule IV, Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 - The court held that the failure to regularize daily wage workers who had completed 240 days of continuous service amounts to an unfair labour practice under Item 6 of Schedule IV of the MRTU and PULP Act, 1971. The Industrial Tribunal's order dismissing the complaint was set aside. (Paras 1-10)
Issue of Consideration
Whether daily wage workers who have completed 240 days of continuous service are entitled to regularization and whether the Industrial Tribunal erred in rejecting their complaint of unfair labour practice.
Final Decision
The High Court allowed the writ petition, set aside the order of the Industrial Tribunal, and directed the Dhule Zilla Parishad to regularize the services of the petitioners who had completed 240 days of continuous service.
Law Points
- Regularization of daily wage workers
- continuous service
- 240 days condition
- unfair labour practice
- Industrial Disputes Act
- 1947
- Section 25-B
- Section 25-F
- Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act
- 1971
- Schedule IV Item 6
