PRAMUKH SAMPADAK MARATHI VISHWAKOSH Vs. DHAIRYASHEEL S PHALAKE

JUDGEMENT

(1.) THIS writ petition takes exception to the order passed by the Industrial Court, Kolhapur dated September 5, 1994 in Complaint (U. L. P.) Nos. 12 to 17 and 156 to 169 of 1990.

(2.) THE respondents original complaints had filed complaints before the Industrial Court, Kolhapur praying for a declaration that the petitioners had engaged in an unfair labour practice under Item Nos. 6, 9 and 10 of Schedule IV and for a direction against the petitioners herein to give fair treatment to all workers including the respondents herein and to pay wages for 30 days in the month for the period they have worked. The respondents further prayed for a declaration that the respondents be declared as permanent workers of the petitioners and their services be treated as continuous and give them all benefits of permanent employees and difference of wages.

(3.) BRIEFLY stated, the respondents were employed as visiting Editors by the petitioners. According to the respondents, they were working for last more than 14 years and were discharging duties which would classify the definition of "workmen" within the meaning of M. R. T. U. and P. U. L. P. Act, 1971 ("the Act" for short ). The respondents accordingly prayed for the aforesaid reliefs. The said complaints were resisted by the petitioners herein on the ground that the petitioner No. 1 was not an industry; and, in any case, the respondents were not workmen within the meaning of the provisions of the said Act. It was further contended on behalf of the petitioners that at any rate the respondents have not completed 240 days of continuous service so as to become entitled for the relief that was claimed in the complaints. The Industrial Court by the impugned order has held that petitioner No. 1 is an industry. It has further held that the respondents were workmen within the meaning of the said Act. The Industrial Court has also recorded that the respondents have worked for about 10 years or more. On the basis of the said conclusions, the Industrial Court has allowed the complaints.