LAWS(BOM)-2010-3-273

RAMDEOBABA KAMLA NEHRU ABHIYANTRIKI MAHAVIDYALAYA SHIKSHAKETAR KARMACHARI SANGHATANA Vs. STATE OF MAHARASHTRA

Decided On March 23, 2010
Ramdeobaba Kamla Nehru Abhiyantriki Mahavidyalaya Shikshaketar Karmachari Sanghatana Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) By this writ petition, filed under Articles 226 and 227 of Constitution of India, the petitioner - Union has questioned the order dated 20-3-2004 delivered by Member, Industrial Court in Complaint ULP No. 148 of 1995, dismissing the same. They have sought review of that order but that review was also dismissed on 2-4-2005. After dismissal of review, present writ petition has been filed.

(2.) Complaint ULP was filed by present petitioner as Complainant No. 1 with other about 147 member-employees against respondents No. 5 and 6 under Items 1, 5, 6 and 9 of Schedule IV of Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1972 (hereinafter referred to as MRTU and PULP Act). The prayer was to extend to all complainants the appropriate pay scale applicable to the post held by them from the date of their respective appointments and to pay them the arrears accordingly. In prayer clause declaration of unfair labour practice under Items No. 2 and 3 of Schedule II of said act was also sought. The complaint was opposed by the employer and after appreciating the evidence led by the parties, Industrial Court found that the petitioners could not establish their entitlement to pay scales as prescribed by State Government. Industrial Court also relied upon one settlement at Exh. 48 between parties and noted that most of the witnesses examined before it accepted that they were getting their salary in proper pay scale. The Government Notification dated 27-7-1989 is found not applicable to the complainants by it.

(3.) In this background, I have heard Shri Parsodkar, learned counsel for the petitioner, Shri Mujumdar, learned AGP for respondents No. 1 and 4, Shri Thakre, learned counsel for respondent No. 2 - Nagpur University, Shri Sundaram with Ms. Tanna, learned counsel for respondent No. 3 - All India Council for Technical Education (A.I.C.T.E.) and Shri Shreeyas Zinjarde with Shri Marpakwar, learned counsel for respondents No. 5 and 6.