DHAIRYASHEEL S. PHALAKE Vs. B. S. BHADANGE

JUDGEMENT

(1.) Petitioners have filed this Petition challenging judgment and order dtd. 14/8/2001 passed by the learned Member, Industrial Court, Satara dismissing Complaint (ULP) Nos. 12 to 17 of 1990 and 156 to 169 of 1990. The Complaints were filed under Items 6, 9 and 10 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (MRTU and PULP Act) seeking declaration that Petitioners have acquired status of permanent employees of Respondents with all consequential benefits.

(2.) Briefly stated, facts of the case are that the Government of Maharashtra had declared a policy for encouraging studies in Marathi literature and other fields by taking suitable measures. In his speech made on 6/7/1960, the then Governor of Maharashtra had made an announcement that the State would declare policy for encouragement of research in the fields of literature, history and culture of Maharashtra. Accordingly, the State Government decided to establish State Board for Literature and Culture and accordingly issued Government Resolution dtd. 19/11/1960, by which State Board of Literature and Culture was established for initial tenure of 5 years. The Government Resolution provided for functions of the State Board and various other related matters. One of the functions of the State Board was to initiate assist and undertake scheme for preparation and publication in Marathi language of different literature such as bibliographies, encyclopedia, dictionaries etc. Towards performance of its function for compiling encyclopedia, the State Board decided to compile a Marathi Vishwakosha. The State Government issued Government Resolution dtd. 6/6/1963 thereby authorizing the Secretary of the State Board to secure as Visiting Editors services of upto 6 senior professors, research scholars, etc. attached to various universities/colleges for expert writing and other work in the Vishwakosha Unit during vacation times or otherwise as may be available. The Government Resolution provided for payment of honorarium of Rs.25.00 for each full day of actual work. It appears that the State Government later decided to reorganize the State Board and to bifurcate the same. Accordingly, Government Resolution dtd. 28/11/1980 was issued thereby establishing Maharashtra Rajya Marathi Vishwakosha Nirmiti Mandal, (Vishwakosha Mandal) with effect from 1/12/1980, with its headquarters at Wai, District Satara. The Vishwakosha Mandal was initially established for a period of three years. After separation of Vishwakosha Mandal from the ambit of State Board, the reorganized Maharashtra State Board for Literature and Culture was reconstituted by the same Government Resolution dtd. 28/11/1980.

(3.) For carrying out the activities of compilation of Marathi Vishwakosha, the Vishwakosha Mandal drew services of various personnel by engaging them as Visiting Editors from time to time. Such engagements were made on honorarium basis for the tenures specified in each of the engagement letters. In the aforesaid manner, the Petitioners came to be engaged as Visiting Editors in the Vishwakosha Mandal on various dates. According to Petitioners they continued to work uninterruptedly and performed duties as if they were regular employees of Vishwakosha Mandal.