Case Note & Summary
The Maharashtra State Road Transport Corporation (MSRTC) filed a writ petition challenging the judgment and order of the Industrial Court dated 4th September 2004 in Complaint (ULPN) No. 373 of 1996. The complaint was filed by the MSRTC Kamgar Sanghatana, a trade union, alleging that the employer had stopped the practice of granting time concession on every Friday from 13 hours to 14 hours for Muslim employees to offer prayer (Namaz) in the mosque. The union claimed this discontinuation amounted to an unfair labour practice under Item 9 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (MRTU and PULP Act). The Industrial Court allowed the complaint, directing the employer to desist from continuing such practice and to allow the customary concession to Muslim employees for Friday prayers. The MSRTC challenged this order before the Bombay High Court. The High Court noted that there was no interim order staying the Industrial Court's decision and no material to show that the practice had been discontinued after the decision. The court found no reason to interfere with the impugned order and dismissed the writ petition with no order as to costs.
Headnote
A) Industrial Law - Unfair Labour Practice - Item 9 Schedule IV MRTU and PULP Act - Customary Concession - Discontinuation of practice of granting time concession for Friday prayer to Muslim employees amounts to unfair labour practice - Industrial Court directed employer to desist from such practice and allow customary concession - High Court upheld the order finding no reason to interfere (Paras 1-2).
Issue of Consideration
Whether discontinuation of customary concession of time for Friday prayer to Muslim employees amounts to unfair labour practice under Item 9 of Schedule IV of the M.R.T.U and P.U.L.P Act.
Final Decision
Writ petition dismissed. No order as to costs.
Law Points
- Unfair labour practice
- Item 9 Schedule IV MRTU and PULP Act
- Customary concession
- Religious practice
- Industrial Court jurisdiction
