MAHARASHTRA STATE ELECTRICITYBOARD Vs. SUNIL MORE

JUDGEMENT

(1.) THE Maharashtra State Electricity Board challenges in these proceedings an order dated 29th June, 1994 passed by the industrial Court. The order of the Industrial Court arises out of a complaint which was filed on 19th August, 1985. The workmen to whom the complaint relates have been pursuing for over 15 years their claim of being granted permanency in service by the MSEB. They belong to a class of hapless temporary employees called bill distributors whose duty is to distribute the electricity bills raised by the Board to the consumers. All that they are paid is 10 paise per bill for every bill distributed. The Electricity Board, it is common ground, has permanent workmen which are also doing identical work. There can be no dispute about the fact that the work which has been rendered by the workmen which forms the subject matter of these proceedings is a perennial in nature and incidental to the operations of the Board.

(2.) THE complaint before the Industrial Court was on the ground that by keeping these workmen as temporaries for long years, the Board had committed an unfair labour practice under Items 5,6, 9 and 10 at Schedule IV of the mrtu and PULP Act, 1971. Under Item 6 of Schedule IV to the Act the unfair labour practice lies in engaging employees as 'badlis', casuals or temporaries and to continue them as such for years, with the object of depriving them of the status and privileges of permanent employees.

(3.) THE Industrial Court while granting permanency by its order dated 29th june, 1994, clarified that the workmen concerned would not be entitled to any back wages for the past period. The Board impugns the correctness of the order of the Industrial Court.