TUMKUR POURA KARMIKARA SANGHA Vs. MUNICIPAL COUNCIL

JUDGEMENT

(1.) THIS Writ Petition is by the Union, questioning the award, in I. D. No. 251/2002 on the file of Industrial Tribunal, Bangalore dated 4th July 2006.

(2.) PETITIONER union sought for reference of dispute and the State Government in terms of its order dated 8-11-2002 produced at Annexure-A referred the dispute to the Industrial Tribunal on an issue as to whether the respondent No. 1 municipal Council justified in not regularising the services of 250 workmen of the respondent - Municipal Council and also for not paying equal pay for equal work and also as to whether the respondent is justified in not providing uniform, footwear and other facilities.

(3.) BEFORE the Industrial Tribunal, Union alleged that, they have been working for several years in the Municipality on different wages and in 1997, the municipality started paying the salaries through the third person, calling himself as contractor. It is stated that, the municipality being a self Government and State within the meaning of Article 12 of the Constitution of India, it cannot discriminate the employees, who are similarly placed. On various grounds, the petitioner - Union claimed that, services of 250 employees required to be regularized and they should be paid equal wages on par with similarly placed other employees in the respondent - Municipal Council.