SATISH J MEHTA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is a writ petition praying for the exercise of powers under Section 482 of the Code of criminal Procedure, 1973 to quash proceedings instituted against petitioners for an offence under Section 48 (1) of the Maharashtra Recognition of Trade Unions and Prevention of Unfair labour Practices Act, 1971 (hereinafter called 'prevention of Unfair Labour Practices Act' for the purpose of brevity ). It is alleged that they had not obeyed interim order passed by Industrial court, Aurangabad.

(2.) GLEITAGER (India) Limited is a Public Limited Company having its Industrial Unit in the industrial Area, Chikalthana, Auran-gabad and it is alleged that about 12 persons employed for some work in the Industrial Unit run by this company through M/s. Shivaji Enterprises, aurangabad filed a complaint bearing Complaint (ULP) No. 164 of 1989 under the Prevention of unfair Labour Practices Act before the Industrial Court at Aurangabad for alleged denial of benefit of permanency to these employees. It was alleged in the complaint that though workers doing similar duty are paid Rs. 31/-by the Company, complainants are getting Rs. 8/- per day only. They are not getting pay slips, attendance card, benefits of leave, bonus, etc.

(3.) IN this complaint, an application for interim relief was also moved and the learned Member of the Industrial Court was pleased to order both the respondents, namely, Gleitlager (India)Limited and M/s. Shivaji Enterprises to maintain status quo in respect of the employment of the complainant until further orders. This order came to be modified on 18. 6. 1989 and Respondent no. 2 i. e. M/s. Shivaji Enterprises were directed not to change the service conditions or effect transfers of any of the 12 complainants and since it was alleged that respondent No. 2 is a labour Contractor, it was directed that the contract between respondent No. 1 and 2 shall not be terminated without prior intimation to the Court.