EXECUTIVE ENGINEER MAHARASHTRA STATE ELECTRICITY BOARD Vs. HAJARABI

JUDGEMENT

(1.) This writ petition takes exception to the judgment and order dated 14.3.1997, passed by the Member, Industrial Court, Nashik, Camp at Jalgaon, in complaint (ULP) No. 426 of 1991.

(2.) The respondent herein is the original complainant and the petitioner herein is the original respondent before the Industrial Court at Nashik. The respondent had filed a complaint under Item 5,6, and 9 of Schedule IV of the Maharashtra Recognition of Trade Union and Prevention of Unfair Labour Practice Act, 1971 (hereinafter for the sake of brevity referred to as "MRTU and PULP Act"), against the petitioner. It was contended in the said complaint that the husband of the respondent was in the employment of the petitioner herein as line helper on permanent basis since 1981. While he was working with the petitioner, he met with an accident during the course of employment on 3.5.1987 and suffered 90% disability and due to that he expired on 15.6.1989.

(3.) Deceased Abbas Usmal Khatik has two sons and two daughters and one wife i.e. the complainant. At the relevant time, all four children were minors. The respondent wife has no source of income and she is only Karta for her family. Her children are dependent upon her. She made requests from time to time to the petitioner employer to appoint her on compassionate ground, however, the employer refused to do so. It is the contention of the respondent that the petitioner employer has adopted unfair labour practice by not giving her employment and the respondent has also violated various guidelines and circulars, therefore, she prayed that she would be taken in the3 employment of the respondent and further direction should be given to the petitioner that difference of wages should be given to her from the date of filing of application for appointment/employment. It was further prayed that the complaint should be allowed with costs. In support of her contention the complainant has filed as many as 17 documents before the Industrial Court.