Case Note & Summary
The case involves three writ petitions filed by the Government of Maharashtra and Government Polytechnic College, Arvi, challenging a common judgment and order dated 07.11.2006 passed by the Industrial Court. The Industrial Court allowed Complaints ULP Nos. 31, 306, and 657 of 2000 filed by the respondents (Maroti Ramdasji Wasnik, Sushil Alias Yuvraj Nagorao Dabhade, and Someshwar Marotrao Dautpure), who were daily wagers at the Polytechnic. The Industrial Court found that the complainants had been continued as daily wagers for years together, which constituted an unfair labour practice under Item 6 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act (MRTU and PULP Act). Consequently, the Industrial Court directed the petitioners to grant the complainants the status and privileges of permanent employees in Class IV cadre from the date of the judgment. The petitioners argued that employment in Class IV posts in government polytechnics is governed by Recruitment Rules, and posts must be sanctioned before being filled. However, the High Court, after considering the submissions, found no merit in the petitions. The court noted that the Industrial Court had recorded a finding that the complainants were continued as daily wagers for years, which justified the direction for regularization. The High Court dismissed all three writ petitions, upholding the Industrial Court's order. The judgment emphasizes that the long continuation of daily wagers without regularization amounts to an unfair labour practice under the MRTU and PULP Act, and the remedy of regularization is appropriate.
Headnote
A) Industrial Law - Regularization of Daily Wagers - Item 6 of Schedule IV of MRTU and PULP Act - Unfair Labour Practice - The Industrial Court allowed complaints filed by daily wagers who were continued for years, directing regularization in Class IV cadre. The High Court upheld the order, finding no error in the Industrial Court's conclusion that the employer engaged in unfair labour practice by not regularizing the complainants despite their long service. (Paras 1-3)
Issue of Consideration
Whether the Industrial Court was justified in directing regularization of daily wagers who had worked for years, under Item 6 of Schedule IV of the MRTU and PULP Act, despite the existence of Recruitment Rules requiring sanctioned posts.
Final Decision
All three writ petitions are dismissed. The Industrial Court's order dated 07.11.2006 directing regularization of the respondents is upheld.
Law Points
- Regularization of daily wagers
- Item 6 of Schedule IV of MRTU and PULP Act
- Unfair labour practice
- Permanent status
- Class IV posts
