STATE OF MAHARASHTRA Vs. SARVA SHRAMIK SANGH

JUDGEMENT

(1.) :the petitioners, the State of maharashtra, Forest Department and the Divisional Forest officer, Ahmednagar have filed the present petition under article 227 of the Constitution of India, challenging the judgment and order passed by the Industrial Court, ahmednagar on 14-7-1992 declaring that the petitioners had engaged in an unfair labour practice within the meaning of item 6 of Schedule IV of the Act, and directing them to cease and desist from engaging in such unfair labour practice and further directing the petitioners to confirm and make permanent all those employees named in annexure A to the complaint except the employees at serial Nos. 9, 41 and 44 and to pay them all the consequential benefits including their back wages.

(2.) THE Respondent Union had filed a complaint of unfair labour practice before the industrial Court, Maharashtra, at ahmednagar, complaining that the petitioners had engaged in an unfair labour practice within the meaning of item 6 of schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 by employing them and continuing them as casual/temporary employees for years together with the object of depriving them of the benefits of permanency. The petitioners filed their written statement and contested the complaint filed by the respondents. It was contended that the forest was not an industry as defined under Section 2 (j) of the Industrial disputes Act, 1947 and therefore, the provisions of maharashtra Recognition of Trade Unions and Prevention of unfair Labour Practices Act, 1971 were not applicable. It was further contended that the nature of the work was of seasonal and there was no permanent employment available to the employees. It was further as usual contended that the posts were not sanctioned and therefore, the concerned employees could not be regularised in the department. On the basis of the pleadings the learned Member of the Industrial court framed the following issues and answered the same in favour of the employees as under :

(3.) ON the merits of the unfair labour practice the supreme Court has observed in paragraphs 22 and 23 as under :