PATEL ENGINEERING WORKS Vs. SANTOSH KUMAR RAWOOL

JUDGEMENT

(1.) THE petitioner employer as well as respondent employees are aggrieved by the order of the Industrial Court passed by it in complaint of Unfair Labour Practice filed by the individual employees invoking the Items 2, 5, 6 and 9 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971.

(2.) THE complainants had complained that though they were in employment for a period between 11 years and 17 years and that they were not regularised or made permanent and that they were paid lower than minimum wages. According to them they had completed more than 240 days continuous service and therefore, they were entitled to be made permanent and were entitled to wages and service conditions of permanent employees. According to them, the petitioner employer was getting the work done through contractors and that they were deprived of the benefits of permanency. This is the nature of the complaint of the employees.

(3.) THE petitioner company appeared and filed its written statement. Both the parties adduced their oral and documentary evidence before the Industrial Court. It was the case of the petitioner-company that it had not engaged in any unfair labour practices as alleged. It was submitted that the concerned complainants were not even temporary employees in the sense of the term used in the Model Standing Orders. Shri Rele, the learned Counsel for the petitioner company submitted that the petitioner company was a ship repairing industry. The work of the petitioner company was to repair ships as and when they come on shore. As and when ships were received by the petitioner company for repair purposes the petitioner company engaged the casual labour for repairs in addition to its permanent employees and whenever work was available it was given to the complainants. Shri Rele has pointed out from the record that in the preceding three years of the complaint no one had completed 240 days service. It was further pointed out by the learned Counsel that the Industrial Court has over stretched the matter by computing 240 days working by adding to the actual number of working days, the period of overtime work done by them to compute the total number of days. Shri Rele has also pointed out that the business of the company has reduced tremendously. In the year 1993 there were 340/350 workers, while this strength is reduced to 80 workers. It was also pointed out by the learned Counsel that turnover of work was reduced from Rs. 22 Crores to Rs. Nine Crores. It was further pointed out that many times the company did not have sufficient work even for the permanent staff. It was therefore submitted that the Industrial Court did not consider the entire material on record including the nature of the industry and the nature of the work which was of uncertain nature. Shri Rele further pointed out that merely because some of the workmen might have completed 240 days in the remote past in one or two years as casual labourers they cannot be directed to be made permanent. He further submitted that there was absolutely no vacancy and no scope in the establishment to employ any additional hand.