SECRETARY, AGRICULTURAL ANIMAL HUSBANDRY & DAIRY DEVELOPMENT AND FISHERY DEPARTMENT Vs. SHAKUNTALABAI TUKARAM AHIRE

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of the learned counsel appearing for parties, the Petition is taken up for hearing and disposal.

(2.) This petition is filed challenging the judgment and order dtd. 28/3/2023 passed by the Member, Industrial Court, Nashik in Complaint (ULP) No.42/2015. The Industrial Court has partly allowed the Complaint and has directed the Petitioners to give benefits of permanency to the Respondents from the date of filing of the Complaint with all consequential benefits attached to the post of Labourers. Since Respondent Nos.2 and 6 have crossed the age of retirement, the Industrial Court has directed grant of benefit and status of permanency to them from the date of filing of the Complaint till the age of their retirement.

(3.) Facts of the case, in brief, are that the Respondents were engaged as daily wage labourers intermittently who worked seasonally and temporarily in the Nursery of Petitioner No.6 (Taluka Nursery Centre, Nilgavhal, Taluka-Malegaon, District-Nashik) since the year 1985. It is the case of the Petitioners that after the year 2001, they worked on contract basis as per G.R. dtd. 10/9/2001. After the year 2001, individual contracts were issued to the Respondents to perform the allotted work and payments were made to them for execution of the allotted work. It is the case of the Petitioners that they were not paid salaries or wages after the year 2001 but drew contractual amounts depending on the work performed by them. According to the Petitioners, none of the Respondents worked for 240 days in any calendar year. Respondents filed Complaint (ULP) No. 42/2015 before the Industrial Court, Nashik claiming the benefit of permanency on completion of five years of service or from the year 1991. Respondents relied on Kalelkar Award for grant of benefit of permanency on completion of temporary services of five years. The Complaint was resisted by the Petitioners by filing Written Statement. Both the parties led evidence in support of their respective claims. The Industrial Court has partly allowed the Complaint by judgment and order dtd. 28/3/2023 directing the Petitioners to give the benefit and status of permanency to the Respondents from the date of filing of the Complaint with all consequential benefits attached to the post of labourers. Since Respondent Nos.2 to 6 have retired, the benefit is directed to be extended to them till the dates of their retirement. Petitioners are aggrieved by the judgment and order dtd. 28/3/2023 and have filed the present petition.