MUMBAI ELECTRIC EMPLOYEES UNION Vs. ADDITIONAL LABOUR COMMISSIONER

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and with consent of the learned advocates for the parties, the petition is called out for final hearing.

(2.) Petitioners who are contract workmen, seek parity in wages on par with the wages paid to Mazdoor/Junior Mazdoor directly employed by the Principal Employer. Petition is filed by a non- representative union of contract workmen, which is opposed to wage-agreement executed between representative union, contractors' association and principal employer and claims higher wages than the one agreed under the agreement by invoking provisions of the Maharashtra Contract Labour (Regulation and Abolition) Rules, 1971 and Contract Labour (Regulation and Abolition) Act 1970. The issue that arises for our consideration in the present petition is whether existence of an agreement with a representative union governing payment of wages to contractual employees, would preclude non-members of that union from claiming wages on par with directly employed workmen. Also arises is the issue about comparison of nature of work performed by the two categories of workmen.

(3.) Petitioners' demand is rejected by the Additional Labour Commissioner (ALC) vide order dtd. 15/12/2014, which is challenged in the present petition. Two more communications dtd. 10/7/2014 and 14/8/2014 issued by the ALC prior to passing of the order dtd. 15/12/2014, refusing to adjudicate their demand, are also challenged by Petitioners.