DAGADU BAYAJI KHADE Vs. ICHALKARANJI MUNICIPAL COUNCIL

JUDGEMENT

(1.) THIS Writ Petition under Article 227 of the Constitution of India challenges an order of the Industrial Court, Kolhapur, dated 8th June 1989 made in Complaint (ULP) No.89 of 1986 under the provisions of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as 'the Act').

(2.) THE 1st Respondent is a Municipal Council functioning under the provisions of the Maharashtra Municipalities Act, 1965. THE Petitioners and Respondent Nos.2 to 6 are employees of the 1st Respondent.

(3.) IN or about April 1986, there were 12 vacancies of the post of Senior Clerks for which the channel of promotion is from the category of Junior Clerk and the minimum qualification for promotion is S.S.C. with five years experience as Junior Clerk. On 4th April 1986, Respondent Nos.2 to 6 were promoted as Senior Clerks. Petitioner Nos.1 and 2 and one other person challenged the promotions given to Respondent Nos.2 to 6 by their Complaint (ULP) No.89 of 1986 before the INdustrial Court at Kolhapur under Section 28 read with Items 5 and 9 of Schedule IV of the Act. The Petitioners contended in their Complaint, inter alia, that Respondent Nos.2 to 6, who were admittedly junior to them had been given undeserved and unwarranted promotions only on account of favouritism and further that as their promotion was contrary to the criterion laid down in the Award of the INdustrial Tribunal in Reference (IT) No.479 of 1975, it amounted to unfair labour practice under Items 5 and 9 of Schedule IV of the Act.