Case Note & Summary
The Municipal Council of Osmanabad filed three writ petitions challenging identical judgments dated 11.1.1996 passed by the Industrial Court in Complaint (ULP) Nos. 395 of 1991, 468 of 1990, and 93 of 1989. The Industrial Court had allowed the complaints filed by the Marathwada Sarva Shramik Sanghatana (the Union) seeking permanency for daily wage workers. The Municipal Council argued that the Industrial Court lacked jurisdiction to grant regularization because the posts were not created by the Director of Municipal Administration. The High Court noted that during the pendency of the petitions, the services of the daily wage employees were protected by an interim order, and subsequently, all such employees were regularized by an order dated 31.10.2001 passed by the Regional Director, Municipal Council Administration. The court observed that the daily wagers were now regularized and the only surviving issue was the challenge to the Industrial Court's jurisdiction. The court held that the Industrial Court had jurisdiction under the MRTU & PULP Act to grant permanency and that the subsequent regularization did not render the complaints infructuous. The petitions were dismissed, upholding the Industrial Court's orders.
Headnote
A) Industrial Law - Jurisdiction of Industrial Court - Permanency of Daily Wage Employees - Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (MRTU & PULP Act) - The Industrial Court has jurisdiction to entertain complaints for permanency of daily wage workers even if the posts are not created by the Municipal Administration. The court held that the Industrial Court's order granting permanency was valid and the subsequent regularization by the employer did not affect the maintainability of the complaint. (Paras 1-5)
Issue of Consideration
Whether the Industrial Court had jurisdiction to grant permanency to daily wage employees of a Municipal Council when the posts were not created by the Director of Municipal Administration.
Final Decision
The High Court dismissed all three writ petitions, upholding the Industrial Court's orders granting permanency to the daily wage employees.
Law Points
- Industrial Court has jurisdiction to grant permanency to daily wage employees under the MRTU & PULP Act
- 1971
- even if posts are not created by the Municipal Administration
- regularization by the employer subsequent to the complaint does not render the complaint infructuous.
Case Details
2015 LawText (BOM) (11) 6
Writ Petition No. 5427 of 1996, Writ Petition No. 5428 of 1996, Writ Petition No. 1645 of 1997
Shri Naiknavare Ramesh V. for Petitioners, Shri Bayas Anandsingh S. for Respondent 1, Shri Korde D.R. AGP for Respondents 2 & 3
Municipal Council (Nagar Parishad), Osmanabad
Shri Vikas Machindra Mane, Marathwada Sarva Shramik Sanghatana, Government of Maharashtra, Director of Municipal Administration
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Nature of Litigation
Writ petitions challenging Industrial Court orders granting permanency to daily wage employees.
Remedy Sought
Petitioner Municipal Council sought to quash the Industrial Court judgments granting permanency to daily wage workers.
Filing Reason
The Municipal Council contended that the Industrial Court lacked jurisdiction to grant regularization as posts were not created by the Director of Municipal Administration.
Previous Decisions
Industrial Court allowed Complaint (ULP) Nos. 395 of 1991, 468 of 1990, and 93 of 1989 on 11.1.1996, granting permanency to daily wage employees.
Issues
Whether the Industrial Court had jurisdiction to grant permanency to daily wage employees of a Municipal Council when the posts were not created by the Director of Municipal Administration.
Submissions/Arguments
Petitioner Municipal Council argued that the Industrial Court could not grant regularization without creation of posts by the Director of Municipal Administration.
Respondent Union argued that the Industrial Court had jurisdiction under the MRTU & PULP Act and that the daily wagers were subsequently regularized.
Ratio Decidendi
The Industrial Court has jurisdiction under the MRTU & PULP Act to grant permanency to daily wage employees, and the subsequent regularization by the employer does not affect the validity of the Industrial Court's order.
Judgment Excerpts
The petitioner in these three petitions is the Municipal Council, Osmanabad.
By identical three judgments, dated 11.1.1996, all these three complaints have been allowed.
It is, therefore, not in dispute that all these daily wage employees are now regularized in employment with effect from 31.10.2001.
Procedural History
The Union filed complaints before the Industrial Court in 1989-1991 seeking permanency. The Industrial Court allowed the complaints on 11.1.1996. The Municipal Council filed writ petitions in 1996-1997. During pendency, the High Court protected services, and the employees were regularized on 31.10.2001. The petitions were heard and dismissed on 26.11.2015.
Acts & Sections
- Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971:
