SUBHASH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this petition, the petitioner has challenged Judgment and order dated 06/07/2017 passed by the Industrial Court (Maharashtra), Nagpur Bench, Nagpur whereby complaint filed by the petitioner under Section 28 r/w Items 5 and 9 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (MRTU & PULP Act), was dismissed.

(2.) The grievance of the petitioner was that respondent Nos.3 and 4 had employed the petitioner for specific periods on various posts like Attendant, Laboratory Attendant and Junior Clerk between the years 2005 and 2011. It was claimed that the petitioner was entitled to relief under Section 25H of the Industrial Disputes Act, 1947, for reemployment with respondent Nos.3 and 4 as he was retrenched from service.

(3.) The claim made on behalf of the petitioner was opposed by the contesting respondent Nos.3 and 4 by pointing out that the last such order of employment of the petitioner for fixed period demonstrated that his service, upon efflux of time in terms of order of employment, came to an end on 30th April, 2011. It was further pointed out that in pursuance of an advertisement issued in May, 2011, the petitioner had also applied for appointment with respondent nos.3 and 4 and that he was not selected for the post of Lab Attendant. It was only thereafter that the aforesaid complaint was filed before the Industrial Court.