Case Note & Summary
The petitioner, Nathu Chindhu Naukarkar, an employee of Pee Vee Textile Limited, filed a complaint before the Industrial Court at Nagpur alleging that the respondent had engaged in unfair labour practice under Item 9 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (ULP Act) by denying him work from 17.11.2005 and not paying wages. He also sought quashing of a show cause notice dated 27.02.2006 and enquiry proceedings dated 27.03.2006, and later a chargesheet dated 12.01.2008. The Industrial Court dismissed the complaint by judgment and order dated 21.02.2009, holding that the employee was not denied work but was suspended pending disciplinary enquiry. Aggrieved, the employee filed the present writ petition before the Bombay High Court. The High Court heard the petitioner's counsel and noted that none appeared for the respondent. The court examined the complaint and the Industrial Court's order. It found that the employee had not been denied work; rather, he was suspended pending a disciplinary enquiry. The court held that the Industrial Court had correctly concluded that the employee failed to establish any unfair labour practice. Consequently, the High Court dismissed the writ petition, finding no merit in the challenge.
Headnote
A) Industrial Law - Unfair Labour Practice - Item 9 Schedule IV - Suspension pending enquiry - The employee alleged that he was denied work from 17.11.2005 and not paid wages, constituting unfair labour practice under Item 9 of Schedule IV of the ULP Act. The Industrial Court dismissed the complaint holding that the employee was not denied work but was suspended pending disciplinary enquiry. The High Court upheld the dismissal, finding no error in the Industrial Court's conclusion that the employee failed to establish any unfair labour practice. (Paras 2-4)
Issue of Consideration
Whether the Industrial Court was justified in dismissing the complaint filed by the employee alleging unfair labour practice under Item 9 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (ULP Act) on the ground that the employee was not denied work but was suspended pending disciplinary enquiry.
Final Decision
The High Court dismissed the writ petition, upholding the Industrial Court's order.
Law Points
- Unfair Labour Practice
- Item 9 Schedule IV
- Suspension pending enquiry
- Denial of work
- Wages during suspension
- Industrial Court jurisdiction
