SARVA SHRAMIK SANGH Vs. COMMISSIONER, THANE MAHANAGAR PALIKA

JUDGEMENT

(1.) Heard Ms. Cox, learned Advocate for Petitioner in Writ Petition No.2644 of 2020 and Respondent No.1 in Writ Petition No.10432 of 2023 and Mr. Apte, learned Senior Advocate for Petitioners - Thane Municipal Corporation in Writ Petition No.10432 of 2023 and Respondents in Writ Petition No.2644 of 2020.

(2.) This is a group of two cross Writ Petitions which challenge the Award dtd. 25/4/2019 passed by the Industrial Tribunal in Reference (IT) No.41 of 2005. Writ Petition No.2644 of 2020 is filed by Union representing and espousing the cause of 53 workmen whereas Writ Petition No.10432 of 2023 is filed by the Municipal Corporation to challenge the Award. The Award dtd. 25/4/2019 is appended at Exhibit 'A' - page No.23 of Writ Petition No.2644 of 2020.

(3.) Briefly stated, Corporation is running and maintaining the Municipal Corporation namely Chhatrapati Shivaji Maharaj Hospital, Kalwa (for short 'the said Hospital'). The said Hospital is attached to Rajiv Gandhi Medical College, Thane run by the Corporation. Petitioner - Corporation is a registered Trade Union and the concerned workmen who were its members employed in the Hospital as Sweepers, Aayas and Ward boys. It is the case of Corporation that the workmen were appointed and engaged by a Contractor appointed by the Corporation. Therefore when the workmen sought permanency in service, they were denied the same resulting in the Union filing Complaint (ULP) No.281 of 1995 in the Industrial Court at Thane under Sec. 28 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (for short 'MRTU & PULP Act') seeking permanency in service for them. The Complaint was disposed of for want of jurisdiction on the basis of the judgment of the Supreme Court in the cases of M/s. Cipla Limited and Kalyani Steel at the then time. Union thereafter espoused the cause of workmen seeking their reinstatement with full backwages and continuity of service. The demand of the Union was admitted in conciliation. However, Conciliation Officer submitted his failure report dtd. 17/9/2004. The State Government by order dtd. 27/5/2005 referred the said demand for adjudication to the learned Industrial Tribunal.