RELIANCE ENERGY LTD MUMBAI Vs. YADAYYA GIRI

JUDGEMENT

(1.) These Writ Petitions are being heard together as they challenge a common order passed in Complaint (ULP) No.1230 of 2000 and Complaint (ULP) No.749 of 2001 passed by the Industrial Court, Mumbai on 29 th April, 2006. The Writ Petition No.4554 of 2006 has been filed against 15 employees. Respondent No.2 has expired and respondent No.11 has resigned. Therefore this Petition is confined against the other respondents. Writ Petition No.4694 of 2006 is filed against five workmen.

(2.) The petitioner is a Public Limited Company generating, supplying and distributing electricity in the Suburbs and surrounding areas of Mumbai and Thane District. It has a Contract Division for securing annual maintenance contracts of sub-stations which are used for the supply of captive electric power by various parties including Private Companies, Government and Semi Government Agencies. According to the petitioner, the workmen were engaged in the maintenance work undertaken by the Contract Division. The petitioner claims that the workers were engaged to work on the several projects undertaken by the Contract Division till 2003. Thereafter no project or contract work was undertaken by the Contract Division and therefore on completion of the last project the petitioner, instead of terminating the services of the workmen, directed them to work in the office of the Contract Division till it secured a new contract or project. Admittedly, no appointment letters were issued to the workmen. They were directed to work as temporary workmen and were deployed on various projects.

(3.) On 16 th October, 2000, the workmen called upon the petitioner to grant them the status and benefits of permanent employees as they had completed 240 days in service and had been working for a number of years. Since the petitioner did not pay heed to the demand of the workmen, they filed the aforesaid Complaints, being Complaint (ULP) No.1230 of 2000 and Complaint (ULP) No.749 of 2001, respectively, before the Industrial Court, Mumbai on 7 th March, 2001. The complaints were filed under Items 3, 5, 6, 9 and 10 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, (for short "the MRTU & PULP Act").