Case Note & Summary
The petitioner, the erstwhile Maharashtra State Electricity Board (MSEB), challenged two judgments of the Industrial Court dated 31/01/2005 and 27/01/2005 in Complaint (ULP) No.69/2003 and 71/2003 respectively. The respondents, Vishwanath Shankarrao Kulkarni and Narayan Madhavrao Kamble, were Upper Division Clerks with the petitioner at Nanded. One Mr. M.A. Bashir was to retire on 01/02/1997, but due to the respondents' alleged negligence, he continued in employment until 26/02/1999. The petitioner recovered the salary paid to Mr. Bashir during this period from the respondents. The Industrial Court held the petitioner guilty of unfair labour practice and directed it not to recover the amount as per order dated 31/03/2001 and to refund amounts already recovered. The High Court, by order dated 09/06/2005, granted interim relief to the petitioners in respect of clause 4 of the Industrial Court's order. After hearing both sides, the High Court dismissed the writ petitions, finding no perversity in the Industrial Court's order and no interference warranted under Article 227 of the Constitution of India.
Headnote
A) Industrial Law - Unfair Labour Practice - Recovery of Salary Paid Beyond Retirement - Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 - The petitioner employer recovered salary paid to an employee who continued working beyond retirement due to the respondents' negligence. The Industrial Court held this as unfair labour practice and directed refund. The High Court upheld the order, finding no perversity. (Paras 1-5)
Issue of Consideration
Whether the Industrial Court was justified in holding the petitioner guilty of unfair labour practice and directing refund of amounts recovered from the respondents for negligence in processing retirement.
Final Decision
Both writ petitions are dismissed. The impugned judgments of the Industrial Court are upheld. No order as to costs.
Law Points
- Unfair labour practice
- recovery of salary paid to employee who continued beyond retirement due to employer's negligence
- Industrial Disputes Act
- 1947
- Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act
- 1971
Case Details
2016 LawText (BOM) (08) 15
Writ Petition No.3922 of 2005 and Writ Petition No.3923 of 2005
Mr. S.M. Godsay for the petitioners, Mr. S.B. Bhapkar for the respondents
The Superintending Engineer, Maharashtra State Electricity Board, Nanded; The Executive Engineer, Maharashtra State Electricity Board, Nanded; The Chief Engineer (First Appellate Authority), Beed Zone, Parali (Vaijnath)
Vishwanath S/o Shankarrao Kulkarni (in WP 3922/2005); Narayan Madhavrao Kamble (in WP 3923/2005)
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Nature of Litigation
Writ petitions challenging Industrial Court judgments holding the petitioner guilty of unfair labour practice and directing refund of recovered amounts.
Remedy Sought
The petitioners sought to quash the Industrial Court judgments dated 31/01/2005 and 27/01/2005.
Filing Reason
The petitioner challenged the Industrial Court's order directing it not to recover amounts and to refund recovered amounts for alleged negligence of respondents in processing retirement of an employee.
Previous Decisions
The Industrial Court in Complaint (ULP) No.69/2003 and 71/2003 held the petitioner guilty of unfair labour practice and directed refund. The High Court granted interim relief on 09/06/2005 regarding clause 4 of the order.
Issues
Whether the Industrial Court's finding of unfair labour practice is perverse or warrants interference under Article 227.
Submissions/Arguments
Petitioners argued that the respondents were negligent in not noticing the retirement date of Mr. M.A. Bashir, leading to continued employment and salary payment, and thus recovery was justified.
Respondents contended that the recovery amounted to unfair labour practice as the negligence was not solely theirs and the employer had a duty to ensure proper retirement processing.
Ratio Decidendi
The Industrial Court's order was not perverse and did not warrant interference under Article 227 of the Constitution of India. The recovery of salary paid due to employer's negligence constitutes unfair labour practice.
Judgment Excerpts
By the judgment of the Industrial Court, the petitioner is held guilty of unfair labour practices and has been directed not to recover the amount as stated in the order dated 31/03/2001 and refund the amount to the extent it has been recovered from the respondents.
It is not in dispute that both the respondents herein were working as Upper Division Clerks with the petitioner at its office at Nanded.
Procedural History
The Industrial Court passed judgments on 31/01/2005 and 27/01/2005 in Complaint (ULP) No.69/2003 and 71/2003 respectively. The petitioners filed writ petitions in the High Court, which granted interim relief on 09/06/2005. After hearing on 19/08/2016 and 24/08/2016, the High Court dismissed the petitions.
Acts & Sections
- Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971:
- Constitution of India: Article 227
