Case Note & Summary
The case involves a dispute between an employee, Sayyad Sadique, and his employer, Fulsingh Naik College, Pusad, represented by its Principal and the President of Janata Shikshan Prasarak Mandal. The employee initially filed a complaint under Section 28 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 before the Industrial Court, alleging unfair labour practice by not granting permanency and not paying appropriate emoluments. The Industrial Court allowed the complaint on 25th November, 2011, directing the employer to grant permanency from 29th September, 2001 and provide corresponding emoluments. The employer challenged this order before the Bombay High Court in Writ Petition No. 375 of 2012, arguing that the employee should have approached the Grievances Redressal Committee under Section 57 of the Maharashtra Universities Act, 1994, and that the Industrial Court lacked jurisdiction. The High Court disposed of that petition on 11th February, 2013, recording that if the employee approaches the Grievances Committee within four weeks, the Committee should consider his application according to law. Pursuant to this order, the employee filed an application under Section 57 of the Maharashtra Universities Act, 1994 before the Grievances Committee, which passed the impugned order upholding the employee's claim for permanency and emoluments. The employer, aggrieved by this order, filed the present writ petition. The legal issue is whether the Grievance Committee had jurisdiction to entertain the claim after the Industrial Court's order. The employer argued that the Committee recorded it had no jurisdiction. However, the High Court, after hearing the parties, dismissed the petition, upholding the Grievance Committee's order. The court reasoned that the Committee had jurisdiction under Section 57 of the Maharashtra Universities Act, 1994 to decide the employee's grievance regarding service conditions. The decision affirms the Committee's authority and the employee's entitlement to permanency and emoluments.
Headnote
A) University Law - Grievance Committee Jurisdiction - Section 57 Maharashtra Universities Act, 1994 - The Grievance Committee has jurisdiction to entertain grievances of employees of affiliated colleges regarding service conditions, including permanency and emoluments, notwithstanding prior proceedings under the MRTU & PULP Act. The Committee's order granting permanency from 29th September, 2001 was upheld by the High Court. (Paras 3-4)
Issue of Consideration
Whether the Grievance Committee under Section 57 of the Maharashtra Universities Act, 1994 had jurisdiction to entertain the employee's claim for permanency and emoluments after the Industrial Court had already passed an order on the same subject matter.
Final Decision
The High Court dismissed the writ petition, upholding the order of the Grievance Committee granting permanency to the employee from 29th September, 2001 and directing payment of emoluments accordingly.
Law Points
- Jurisdiction of Grievance Committee under Section 57 of Maharashtra Universities Act
- 1994
- Res judicata
- Unfair labour practice
- Permanency
Case Details
2016 LawText (BOM) (06) 118
Writ Petition No. 5785 of 2014
Shri C.V. Jagdale for Petitioner-Employer, Shri U.J. Desphande for Respondent No.1-Employee, Shri J.B. Jaiswal for Respondent No.2-Grievances Committee
Fulsingh Naik College, Pusad through Principal and President, Janata Shikshan Prasarak Mandal, Pusad
Sayyad Sadique and Grievance Committee, Sant Gadgebaba Amravati University, Amravati
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition challenging order of Grievance Committee under Section 57 of Maharashtra Universities Act, 1994 granting permanency and emoluments to employee.
Remedy Sought
Employer sought quashing of Grievance Committee order dated 11th February, 2013 upholding employee's claim for permanency and emoluments.
Filing Reason
Employer aggrieved by Grievance Committee order upholding employee's claim for permanency and emoluments.
Previous Decisions
Industrial Court allowed employee's complaint under Section 28 of MRTU & PULP Act on 25th November, 2011 directing permanency from 29th September, 2001. High Court in WP No. 375 of 2012 disposed on 11th February, 2013 directing employee to approach Grievance Committee.
Issues
Whether the Grievance Committee under Section 57 of the Maharashtra Universities Act, 1994 had jurisdiction to entertain the employee's claim for permanency and emoluments after the Industrial Court had already passed an order on the same subject matter.
Submissions/Arguments
Employer argued that the Grievance Committee recorded it had no jurisdiction to entertain the claim.
Employee argued that the Committee had jurisdiction under Section 57 of the Maharashtra Universities Act, 1994.
Ratio Decidendi
The Grievance Committee under Section 57 of the Maharashtra Universities Act, 1994 has jurisdiction to entertain grievances of employees of affiliated colleges regarding service conditions, including permanency and emoluments, and such jurisdiction is not ousted by prior proceedings under the MRTU & PULP Act.
Judgment Excerpts
The employee had filed complaint under Section 28 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 before the Industrial Court contending that the employer indulged in unfair labour practice by not granting permanency and not paying the emoluments accordingly.
This Court by the order dated 11th February, 2013 disposed the petition recording that if the employee approaches the Grievances Committee within four weeks, the application / representation of the employee should be considered by the Grievances Committee according to law.
Procedural History
Employee filed complaint under Section 28 of MRTU & PULP Act before Industrial Court on 25th November, 2011, which allowed it. Employer challenged in WP No. 375 of 2012, disposed on 11th February, 2013 directing employee to approach Grievance Committee. Employee filed application under Section 57 of Maharashtra Universities Act, 1994 before Grievance Committee, which passed order upholding claim. Employer filed present WP No. 5785 of 2014 challenging that order.
Acts & Sections
- Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971: Section 28
- Maharashtra Universities Act, 1994: Section 57
