Case Note & Summary
The judgment concerns two writ petitions filed by the Zilla Parishad, Aurangabad, and an individual employee, Gangadhar Kadam, against an order of the Industrial Court, Aurangabad, dated 01.07.2006. The Industrial Court allowed complaints filed by the employees' union (Aurangabad Zilla Parishad Kayam Swarupi Pani Purwatha Karmachari Sanghatana) under the MRTU and PULP Act, 1971, directing the Zilla Parishad to bring the employees listed in Annexure A to the complaints on Converted Regular Temporary Establishment (CRTE) after completion of five years as daily wagers, and to grant them benefits under the Kalelkar Settlement coupled with the Bhole Commission Recommendations. The Zilla Parishad challenged this order in Writ Petition No.6666/2006. The High Court, by order dated 14.12.2006, admitted the petition and directed the Zilla Parishad to bring the employees on CRTE within three weeks, staying the monetary benefits aspect. The Zilla Parishad then approached the Supreme Court, which dismissed its special leave petitions on 30.11.2007. Subsequently, the High Court heard the matter finally. The court considered the submissions of the parties, including the fact that the Supreme Court had dismissed the Zilla Parishad's challenge. The court found no perversity or error of law in the Industrial Court's order and dismissed the Zilla Parishad's petition. The court also disposed of the connected Writ Petition No.3385/2016 filed by Gangadhar Kadam, an employee seeking similar benefits, in terms of the main judgment. The court directed that the employees be brought on CRTE and granted benefits as per the Industrial Court's order, subject to the stay on monetary benefits being vacated.
Headnote
A) Industrial Law - Regularization of Daily Wagers - Kalelkar Settlement and Bhole Commission Recommendations - The Industrial Court directed the Zilla Parishad to bring daily wager employees on Converted Regular Temporary Establishment (CRTE) after five years of service and grant benefits under the Kalelkar Settlement and Bhole Commission Recommendations. The High Court upheld the order, finding no perversity or error of law. (Paras 1-10)
B) Industrial Law - Converted Regular Temporary Establishment (CRTE) - Eligibility - Daily wagers who completed five years of service were held entitled to be placed on CRTE as per the Kalelkar Settlement and Bhole Commission Recommendations. The High Court dismissed the Zilla Parishad's petition challenging the Industrial Court's order. (Paras 1-10)
Issue of Consideration
Whether the Industrial Court was justified in directing the Zilla Parishad to bring daily wager employees on Converted Regular Temporary Establishment (CRTE) after completion of five years of service and grant benefits under the Kalelkar Settlement and Bhole Commission Recommendations.
Final Decision
The High Court dismissed Writ Petition No.6666/2006 filed by the Zilla Parishad, upholding the Industrial Court's order dated 01.07.2006. The court directed that the employees be brought on CRTE and granted benefits as per the Industrial Court's order, subject to the stay on monetary benefits being vacated. The connected Writ Petition No.3385/2016 filed by Gangadhar Kadam was disposed of in terms of the main judgment.
Law Points
- Industrial Disputes Act
- 1947
- Section 2(s) definition of workman
- Kalelkar Settlement
- Bhole Commission Recommendations
- Converted Regular Temporary Establishment (CRTE)
- daily wagers regularization
- Industrial Court jurisdiction under MRTU and PULP Act
- 1971
Case Details
2016 LawText (BOM) (11) 10
Writ Petition No.6666 of 2006 with Civil Application No.9699 of 2009 and Writ Petition No.3385 of 2016
Shri S.P. Shah a/w Shri P.V. Barde for Petitioner; Shri S.P. Sonpawale, AGP for Respondent No.1; Shri A.S. Shelke for Respondent No.2; Shri G.A. Kulkarni h/f Shri Deshmukh Rajendra S. for Petitioner in WP 3385/2016; Shri Shrimant Munde for Respondents 2 and 3 in WP 3385/2016
Zilla Parishad, Aurangabad; Gangadhar s/o Murlidhar Kadam
State of Maharashtra; Aurangabad Zilla Parishad Kayam Swarupi Pani Purwatha Karmachari Sanghatana; Zilla Parishad, Aurangabad; Executive Engineer, Department of Water Supply, Zilla Parishad, Aurangabad
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Nature of Litigation
Writ petitions challenging the order of the Industrial Court directing regularization of daily wager employees on Converted Regular Temporary Establishment (CRTE) and grant of benefits under Kalelkar Settlement and Bhole Commission Recommendations.
Remedy Sought
Zilla Parishad sought quashing of the Industrial Court's order; employee Gangadhar Kadam sought implementation of the same order in his favor.
Filing Reason
Zilla Parishad aggrieved by Industrial Court order allowing complaints of employees' union and directing regularization; employee filed petition seeking similar benefits.
Previous Decisions
Industrial Court, Aurangabad, by judgment dated 01.07.2006, allowed Complaint (ULP) Nos.23/2000 and 101/2000, directing Zilla Parishad to bring employees on CRTE after five years as daily wagers and grant benefits under Kalelkar Settlement and Bhole Commission Recommendations. High Court by order dated 14.12.2006 admitted the petition and directed Zilla Parishad to bring employees on CRTE within three weeks, staying monetary benefits. Supreme Court dismissed Zilla Parishad's SLP (Civil) Nos.23534-35/2007 on 30.11.2007.
Issues
Whether the Industrial Court's order directing regularization of daily wagers on CRTE after five years and grant of benefits under Kalelkar Settlement and Bhole Commission Recommendations is legally sustainable.
Whether the High Court should interfere with the Industrial Court's order under Article 226 of the Constitution.
Submissions/Arguments
Petitioner/Zilla Parishad argued that the Industrial Court's order was erroneous and that the employees were not entitled to CRTE benefits.
Respondent/Union argued that the Industrial Court's order was correct and based on the Kalelkar Settlement and Bhole Commission Recommendations, and that the Supreme Court had already dismissed the Zilla Parishad's challenge.
Ratio Decidendi
The Industrial Court's order directing regularization of daily wagers on CRTE after five years of service and grant of benefits under the Kalelkar Settlement and Bhole Commission Recommendations was not perverse or erroneous in law. The High Court declined to interfere under Article 226, especially in light of the Supreme Court's dismissal of the Zilla Parishad's special leave petitions.
Judgment Excerpts
The Petitioner/ Zilla Parishad is aggrieved by the judgment dated 01.07.2006 delivered by the Industrial Court, Aurangabad in Complaint (ULP) Nos.23/2000 and 101/2000 vide which both the complaints have been allowed and the Employees mentioned in Annexure A to the Complaints, have been granted benefits of the Kalelkar Settlement coupled with the Bhole Commission Recommendations and accordingly, the Zilla Parishad has been directed to take these Employees on Converted Regular Temporary Establishment (CRTE) after completion of five years as daily wagers.
This Court, by order dated 14.12.2006, has elaborately dealt with the issue involved in this petition. ... this Court admitted the petition and directed the Petitioner/ Zilla Parishad to bring the Employees on CRTE within a period of three weeks.
By order dated 30.11.2007, the Honourable Supreme Court dismissed the [SLPs].
Procedural History
The Industrial Court, Aurangabad, allowed complaints filed by the employees' union on 01.07.2006, directing Zilla Parishad to regularize daily wagers on CRTE after five years and grant benefits under Kalelkar Settlement and Bhole Commission Recommendations. Zilla Parishad challenged this in Writ Petition No.6666/2006. The High Court on 14.12.2006 admitted the petition, directed regularization within three weeks, and stayed monetary benefits. Zilla Parishad filed SLPs before the Supreme Court, which were dismissed on 30.11.2007. The High Court then heard the matter finally and dismissed the petition on 18.11.2016. A connected petition by employee Gangadhar Kadam (WP 3385/2016) was disposed of in terms of the main judgment.
Acts & Sections
- Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971:
- Industrial Disputes Act, 1947:
