Case Note & Summary
The petitioners, Mahatma Phule Krishi Vidyapeeth (an agricultural university) and its research station, challenged the judgment and order dated 08/08/1997 of the Industrial Court, Ahmednagar, which allowed Misc. Complaint (ULP) No.3/1989 under Section 50 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (MRTU and PULP Act). The complaint was filed by the Ahmednagar Zilla Shetmajoor Union and 16 individual workers (respondents) seeking permanent status and other benefits. The Industrial Court had initially granted relief to only 10 out of 20 workers on 26/04/1996. The University challenged that order in WP No.3839/1996, which was allowed on 24/09/1996, setting aside the order and remanding the matter for fresh adjudication. After remand, the Industrial Court passed the impugned order granting relief to 17 workers. The University argued that the Industrial Court lacked jurisdiction, that the workers were not employed for 240 days, and that the order was perverse. The workers contended that they had worked continuously for years and were entitled to permanency. The High Court, after hearing extensive arguments, held that the Industrial Court had correctly applied the law, that the University failed to discharge its burden of proof regarding the 240-day requirement, and that the findings of fact were based on evidence. The court dismissed the petition, upholding the Industrial Court's order granting permanent status to the workers.
Headnote
A) Industrial Law - Permanent Status - Daily Wage Workers - Section 50 of MRTU and PULP Act, 1971 - The Industrial Court allowed a complaint under Section 50 of the MRTU and PULP Act, 1971, granting permanent status to 17 daily wage workers of an agricultural university. The court held that the workers had completed 240 days of continuous service and were entitled to permanency. The University's petition challenging the order was dismissed as lacking merit. (Paras 1-10) B) Industrial Law - Jurisdiction - Industrial Court - Section 50 of MRTU and PULP Act, 1971 - The Industrial Court has jurisdiction to entertain complaints regarding unfair labour practices and grant relief, including permanency, to workers. The University's contention that the Industrial Court lacked jurisdiction was rejected. (Paras 3-5) C) Industrial Law - Burden of Proof - 240 Days - Industrial Disputes Act, 1947 - The burden of proof lies on the employer to show that the worker was not employed for 240 days in a year. The University failed to discharge this burden, and the Industrial Court's finding that the workers had completed 240 days was upheld. (Paras 6-8)
Issue of Consideration
Whether the Industrial Court was justified in granting permanent status to the respondent workers under the MRTU and PULP Act, 1971, and whether the University's challenge to the impugned order is maintainable.
Final Decision
The High Court dismissed the writ petition, upholding the Industrial Court's order dated 08/08/1997 granting permanent status to the respondent workers.
Law Points
- Industrial Court has jurisdiction under Section 50 of MRTU and PULP Act to grant permanent status to daily wage workers
- University is an industry under Industrial Disputes Act
- 1947
- workers employed for 240 days in a year are entitled to permanency
- burden of proof on employer to show that workers were not employed for 240 days
