SAKHAR KAMGAR UNION Vs. CHHATRAPATI RAJARAM SAHAKARI SAKHAR

JUDGEMENT

(1.) THIS writ petition under Articles 226 and 227 of the Constitution of India is directed against an order of the Industrial Court, Kolhapur, dated 5th June, 1989 dismissing Complaint (ULP) No. 173 of 1987 under the provisions of section 28 read with Items 9 and 10 of Schedule IV 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 Co-operative Society manufacturing sugar in Kasaba Bhavada, District Kolhapur. The petitioner is a registered trade union representing the employees working in the 1st respondent Sugar Factory.

(3.) THE petitioner filed Complaint (ULP) No. 173 of 1987 on behalf of the employees working in sugar house, godown and delivery departments of the 1st respondent factory. It was alleged in the complaint that the concerned employees had been working since the crushing season of 1968/69; that the 1st respondent factory was getting the work done in the sugar house, godown and delivery department through contractors, though the said work was very much the work of the undertaking itself; that by repeatedly changing the contractors and disrupting the services of the employees, the employees were deprived of their legitimate rights. It was claimed in the complaint that the concerned employees were entitled to be made permanent in service by the 1st respondent who was deliberately depriving them of the benefits and status of permanency. In these circumstances, it was contended that the 1st respondent was guilty of unfair labour practices within the meaning of Items 9 and 10 of Schedule IV of the Act.