AFCONS INFRASTRUCTURE LIMITED Vs. BABU BAPU FAKIRA SONAVANE

JUDGEMENT

(1.) IN this petition filed under Article 226 of the Constitution of India, the petitioner impugns the Orders dated 22nd September, 1999, 21st December, 1999 and 7th March, 2000 passed by the Industrial Court, Mumbai, the 2nd respondent herein, in Complaint (U. L. P) No. 385 of 1999. It is the case of the petitioner that an important question of law arises in this petition as to the powers of the Industrial Court under section 30 (2) of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as "the M. R. T. U and P. U. L. P Act") to grant interim reliefs, which is the final relief itself.

(2.) THE petitioner is a company engaged in the business of construction of projects, such as bridges, canals, wharfages, jetties, roads, etc. As such projects are to be completed within fixed period of time, the petitioner company employs for the aforesaid projects daily rated workmen and also employs casual field enlisted workmen, local daily rated workmen and monthly staff. From the field casual workmen, depending upon the skill, period of work and the nature of work performed by the said field casual workmen, selective workmen are put in a list known as "b-list". Such B-listed workmen are given preference in providing work at newly opened sites in Greater Mumbai and also considered for permanency subject to their eligibility depending on the requirement of permanent workmen according to the needs in subsequent years.

(3.) THE petitioner company has entered into a Settlement on 12th September, 1997 in respect of daily rated permanent site workmen and B-listed workmen and certain other workmen engaged at various sites in Greater Mumbai and Airoli (New Mumbai ). As per the said Settlement, vide Clause 4 thereof, the petitioner company agreed to initially make 30 B-listed workmen, whose names are shown in Annexure "a" to the said Settlement as permanent workmen subject to the conditions mentioned therein, such as proof of age and medical fitness as per the medical examination conducted by the panel doctors of the company. A copy of the Settlement is attached to the petition at Exhibit A. Clause 4 of the settlement is as follows :