MAHESH SHANTARAM BORKAR Vs. CHIEF EXECUTIVE OFFICER

JUDGEMENT

(1.) The challenge in this Petition is to the judgment and order dtd. 14/2/2023 passed by the learned Member, Industrial Court at Kolhapur in Revision Application (ULP) No.17 of 2021 whereby the Revision Application preferred by the Respondents came to be allowed by setting aside the judgment and order dtd. 14/1/2020 passed by the learned Presiding Officer, Labour Court in Complaint (ULP) No.16 of 2015 whereby a declaration was made that the Respondents had indulged in unfair labour practice under Items 1(a), 1(b), 1(d), 1(f ) of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 and the termination of the Petitioner by an order dtd. 2/3/2015 came to be quashed and set aside with a direction to reinstate the Petitioner as a permanent driver.

(2.) The litigation has a checkered history. The Petitioner claims to have been appointed to the post of driver with the Respondent No.1 on 7/6/2004. The Petitioner served till the year 2006 uninterruptedly. A Complaint came to be filed being Complaint (ULP) No.14 of 2016. In the meanwhile, a settlement seems to have been executed between the parties. It seems, in the wake of the controversy as to whether the Petitioner was in the service of the Respondent No.1 or was appointed through a contractor Mr. Manoj Dhavade, the Petitioner preferred Complaint (ULP) No.10 of 2012 alleging unfair labour practice by not extending the benefit of permanancy.

(3.) By a judgment and order dtd. 13/3/2015, the said Complaint was disposed of by the learned Member, Industrial Court at Kolhapur on the ground of maintainability as the employer - employee relationship between the Petitioner and the Respondent No.1 was not found to be undisputed. An opportunity was granted to the Petitioner to get the said issue decided under the provisions of the Industrial Disputes Act , 1947. The aforesaid judgment and order was not assailed by the Petitioner.