MUNICIPAL COUNCIL JINTUR Vs. SUNDER NAMDEO KHILLARE

JUDGEMENT

(1.) SINCE , common issue is involved in all these writ petitions, the same are being disposed of by this common order.

(2.) THESE writ petitions take exception to the judgment and order dated 20.10.2010 thereby allowing the complaints filed by the present respondents - original complainants and declaring that the respondent therein – present petitioner has engaged in and has been engaging in unfair labour practices under Item 5 and 6 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (for short, referred to as the said Act), and directing the petitioner herein to cease and desist from engaging in such unfair labour practices. The petitioner herein was further directed to regularize the services of the complainants from the date of the order and to give them all consequential monetary benefits within two months from the said order.

(3.) THE case of the complainants is that they are workmen of petitioner - municipal council, which is an industry and they were appointed by the municipal Council on various dates in the year, 1994. Since their appointment, they are working continuously and they had completed more than 240 days in each calendar year. They are being paid salary as per minimum wages and their work is satisfactory and the work is available throughout the year. It is submitted that the work of the complainants is of permanent nature and the petitioner herein with an object to deprive them from getting benefits of permanency, they are not made permanent and thus, the present petitioner is engaged in unfair labour practice under Item 6 of Schedule IV of the said Act.