Case Note & Summary
The petitioner, a sanitation worker at Talera Hospital, Chinchwad, filed a complaint under Items 5, 6 and 9 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (MRTU & PULP Act), alleging that the Pimpri Chinchwad Municipal Corporation and its medical officer engaged in unfair labour practices by employing her through contractors and denying permanency benefits. The Industrial Court dismissed the complaint, holding that model standing orders under the Industrial Employment (Standing Orders) Act, 1946 were not applicable to the establishment and that the petitioner failed to prove any unfair labour practice. The High Court upheld the Industrial Court's order, reasoning that a municipal corporation running a hospital is not an 'industrial establishment' under the Standing Orders Act, and a hospital is not included in the definition under Section 2 of the Payment of Wages Act. The court found no error in the Industrial Court's conclusion that the petitioner did not establish an employer-employee relationship with the corporation or any unfair practice. The writ petition was dismissed.
Headnote
A) Industrial Law - Applicability of Model Standing Orders - Industrial Employment (Standing Orders) Act, 1946 - Section 2(e) - A municipal corporation running a hospital is not an 'industrial establishment' as defined under the Act, and a hospital is not included in the list of services and establishments under Section 2 of the Payment of Wages Act. Therefore, model standing orders do not apply to the petitioner's employment. (Paras 4-5)
B) Unfair Labour Practice - Proof of Employer-Employee Relationship - MRTU & PULP Act, 1971 - Schedule IV Items 5, 6, 9 - The petitioner failed to prove that she was an employee of the municipal corporation or that the respondents engaged in any unfair labour practice. The Industrial Court's finding that no unfair labour practice was established was upheld. (Paras 3-5)
Issue of Consideration
Whether the Industrial Court erred in holding that model standing orders under the Industrial Employment (Standing Orders) Act, 1946 are not applicable to a municipal hospital and that the petitioner failed to prove unfair labour practice under Items 5, 6 and 9 of Schedule IV of the MRTU & PULP Act, 1971.
Final Decision
The High Court dismissed the writ petition, upholding the Industrial Court's order that model standing orders are not applicable to a municipal hospital and that no unfair labour practice was proved.
Law Points
- Model Standing Orders under Industrial Employment (Standing Orders) Act
- 1946 are not applicable to a municipal hospital as it is not an industrial establishment
- Unfair labour practice complaint under MRTU & PULP Act requires proof of employer-employee relationship and unfair practice
Case Details
2018 LawText (BOM) (06) 57
Writ Petition No.10253 of 2015
Ms. Neeta Karnik (for Petitioner), Mr. G.H. Keluskar (for Respondents)
Smt. Mangal Bharat Shinde
Pimpri Chinchwad Municipal Corporation and Anr.
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Nature of Litigation
Writ petition challenging order of Industrial Court dismissing complaint of unfair labour practice.
Remedy Sought
Petitioner sought to quash the Industrial Court's order and declare that respondents engaged in unfair labour practices under Items 5, 6 and 9 of Schedule IV of MRTU & PULP Act.
Filing Reason
Petitioner alleged that she was employed as a sanitation worker through contractors and denied permanency benefits despite working continuously for more than 240 days per year.
Previous Decisions
Industrial Court at Pune dismissed Complaint (ULP) No.177 of 2005 filed by the petitioner, holding that model standing orders were not applicable and that no unfair labour practice was proved.
Issues
Whether the Industrial Court erred in holding that model standing orders under the Industrial Employment (Standing Orders) Act, 1946 are not applicable to a municipal hospital.
Whether the Industrial Court erred in holding that the petitioner failed to prove any unfair labour practice under Items 5, 6 and 9 of Schedule IV of the MRTU & PULP Act.
Submissions/Arguments
Petitioner argued that she was a direct employee of the municipal corporation and that model standing orders applied, entitling her to permanency benefits.
Respondents contended that the municipal corporation is not an industrial establishment and that the petitioner failed to establish an employer-employee relationship or any unfair labour practice.
Ratio Decidendi
A municipal corporation running a hospital is not an 'industrial establishment' under the Industrial Employment (Standing Orders) Act, 1946, and a hospital is not included in the definition under Section 2 of the Payment of Wages Act. Therefore, model standing orders do not apply. The petitioner failed to prove any unfair labour practice under the MRTU & PULP Act.
Judgment Excerpts
On the question of applicability of model standing orders, the Court held that a local body such as Respondent No.1 is not an industrial establishment as defined in the Industrial Employment (Standing Orders) Act, 1946; and even otherwise, hospital is not included in the list of services and establishments in the definition provided under Section 2 of the Payment of Wages Act.
The Industrial Court in its impugned order passed in the Petitioner's complaint held, firstly, that model standing orders, under which permanency and other benefits were claimed by the Petitioner, were not applicable to the establishment where the Petitioner claimed to be working, and secondly, that the complainant had not proved any unfair labour practice on the part of the Respondents.
Procedural History
The petitioner filed Complaint (ULP) No.177 of 2005 before the Industrial Court at Pune, which was dismissed. The petitioner then filed the present writ petition before the Bombay High Court challenging that dismissal.
Acts & Sections
- Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971: Schedule IV Items 5, 6, 9
- Industrial Employment (Standing Orders) Act, 1946: Section 2(e)
- Payment of Wages Act, 1936: Section 2
