EXECUTIVE ENGINEER BHANDARA IRRIGATION DIVISION Vs. DURYODHAN

JUDGEMENT

(1.) HEARD.

(2.) ADMIT.

(3.) THE sole respondent/employee had filed a complaint under section 28 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as "the MRTU and PULP Act") challenging in a Complaint (ULP) No. 2 of 1993 the alleged oral termination of his services from 27th October, 1990. By judgment and order dt.10-1-2002, the said complaint was partly allowed and the respondent/employee was directed to be reinstated without backwages. That judgment came to be challenged in a revision before the Industrial Court by the appellant and the Industrial Court, after setting aside the said judgment, remanded the proceedings to the Labour Court for fresh hearing and disposal of the complaint. After remand, the complainant amended his complaint and inserted a ground in the complaint that he was entitled to be regularised in service in accordance with the Kalelkar Settlement because he had completed five years of continuous service and the Kalelkar Settlement in his case was not implemented and for that purpose, he prayed for reinstatement as well before the Labour Court. THE Labour Court, after hearing the complaint afresh after remand, returned a finding against the respondent/employee holding that he did not complete 240 days in one year of continuous service and he did not produce the said Kalelkar Settlement before the Court and had also failed to show that the said Award applied in his case. Since the Court held that the respondent/employee did not complete 240 days of continuous service, it did not find any violation of section 25-F of the Industrial Disputes Act. As to maintenance and publication of seniority list, it found that, except vague say of the complainant that the persons junior to him were retained in service, there was no material to assume violation of provisions of section 25-G of the Industrial Disputes Act. Resultantly, the Labour Court dismissed the complaint in entirety.