AMALNER NAGARPALIKA AMALNER Vs. JAINODDIN KALENDAR

JUDGEMENT

(1.) BY Award dated 27th September, 1978 the industrial Tribunal, Bombay in Reference (IT) No. 501 of 1976 directed the petitioner Municipal Council to make permanent the workers who had completed 240 days of service in a year. Since the petitioner failed to implement the Award, the workers filed complaints bearing Nos. 5 to 23 all of 1983 under the Maharashtra Recognition of Trade Union and Prevention of Unfair Labour Practice Act, 1971. By a judgment and order dated 19th March, 1986 the Industrial Court declared that the petitioner municipal Council had committed unfair labour practice under Item 9 of schedule IV of the said Act. Taking exception to the aforesaid, the petitioner Council has preferred the present writ petition.

(2.) SHRI Walavalkar, the learned Counsel appearing for the petitioner drew my attention to the correspondence which is carried on between the petitioner, the Collector and the State of Maharashtra for obtaining sanction for making the workers permanent in compliance with the order of the Industrial Tribunal. He has also produced before me copies of the sanction order accorded by the Government pending this petition. Having regard to the aforesaid correspondence, it cannot be held that the petitioner Council was guilty of deliberate disobedience of the Award of the Industrial Tribunal. The sanction which has been granted by the Government is for making the said workers permanent with effect from 16th September, 1976. It can, therefore, safely be held that the petitioners since the passing of the Award approached the Government for sanction to make the said workers permanent. The sanction has since been accorded. The demands of the workers have, therefore, been satisfied.

(3.) IN view of the foregoing discussion, I hold, that the petitioners are not guilty of unfair labour practice. Rule is made absolute in terms of prayer clause (b ). Secondly, the Criminal Complaints filed by the workers against the petitioners on the strength of the order dated 19th march, 1986 of the Industrial Court will no longer survive and the same are disposed of. The petitioners are directed to pay the monetory benefits to the workmen who are covered by the aforesaid Award dated 29th september, 1978 of the Industrial Tribunal, Bombay in Reference (IT)No. 501 of 1976 within three months from today. In the facts and circumstances of the case, there shall be no order as to costs.