STATE OF MAHARASHTRA Vs. R S BHONDE

JUDGEMENT

(1.) State of Maharashtra and the Punjab Krishi Vidyapeeth (hereinafter referred to as the University) question legality of the judgment rendered by a Division Bench of the Bombay High Court, Nagpur Bench. By the impugned judgment the High Court directed that there was no necessity for obtaining approval of the State Government for the purpose of treating the respondents (hereinafter referred to as the employees) as the permanent employees w.e.f. 7.11.1983 and that they are entitled to all benefits from that date as permanent employees.

(2.) Background facts in a nutshell are as follows: The respondents and several others, who according to the appellants were engaged on seasonal basis, approached the Industrial Court, Maharashtra, Nagpur Bench, Nagpur by filing complaint purportedly under Section 28 read with Item 6 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as the Act). The case of the complainants was that they were continuously working with the present appellant No.2-University in the College of Agriculture, Nagpur without any break in service as daily wagers. The nature of duties performed by them is of permanent nature. Even though they were being continued as temporary employees, they attended work of permanent nature. According to them this practice was being followed to deprive them from getting benefits which a permanent workman is entitled and this amounted to unfair labour practice under Item 6 of Schedule IV of the Act. Prayer was made to restrain the University and the College from continuing with the unfair labour practice complained of and to make the complainants permanent in the post they were working. Stand of the University and the College was that by itself it cannot create permanent posts as the State Government has to be approached for this purpose. It was pointed out that the State Government was approached for making 140 labourers permanent. The Industrial Court held that there was unfair labour practice and directed the respondent i.e. the University and the College to make the complainants permanent subject to the approval of the State Government. Stand taken by the University was with reference to Section 50(B) of the Punjabrao Krishi University (Krishi Vidyapeeth) Act, 1968 (in short the University Act). Six writ petitions were filed by the University questioning correctness of the judgment rendered by the Industrial Court. A learned Single Judge of the Bombay High Court, Nagpur Bench in Writ Petition No.143/1983 along with writ petition Nos.170/1983, 1171/1982, 1172/1982, 1173/1982, 1174/1982 held that the order passed in the complaint cases was to be modified to the extent that for the words "subject to the approval of the State Government" in each of the case the words "subject to the prior approval of the State Government" were to be substituted.

(3.) Thereafter, ten persons who are respondents herein filed a writ petition before the High Court to implement the order of the Industrial Court. By the impugned judgment the High Court held that the Industrial Courts order was to be modified by excluding the words "subject to the approval of the State Government". Accordingly, directed that all the respondents were to be treated as permanent employees with all benefits w.e.f. 7.11.1983 i.e. the day on which Section 50(B) of the University Act was repealed by Maharashtra Agricultural Universities (Krishi Vidyapeeth) Act, 1983 in (short the 1983 Act). According to the High Court there was no provision similar to Section 50(B) of the Act in 1983 Act and, therefore, the question of any approval much less prior approval of the State Government did not arise.