SHARAD DUNGARDAS GANDHI Vs. MAHARASHTRA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THIS Writ Petition under Article 227 of the Constitution of India is directed against the Order of the Industrial Court, Thane, dated September 29, 1987 made in Revision Application (ULP)No. 24 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.) PETITIONERS 1 and 2 are ex-employees and Petitioners 3 and 4 are employees of the First respondent-Electricity Board. The First Petitioner was employed as a Lower Divisional Clerk in april, 1981 and his services were terminated on August 31, 1983 by the First Respondent. The second Petitioner was appointed on February 2, 1981 and her services were also terminated on august 31, 1983. The Third Petitioner was appointed on August 13, 1981 and he was removed from service on August 31, 1983. The Fourth Petitioner was, appointed in March, 1981 and his services were also terminated on August 31, 1983. The Petitioners moved the Labour Court, thane, by their complaints (ULP) No. 132, 133, 134 and 135 of 1983, respectively. They alleged that they had all been abruptly removed from service without notice and in contravention of the provisions of Sections 25-F and 25-G of the Industrial Disputes Act, 1947, with ulterior malafide motive of recruiting new employees on lower wages. They also alleged that they were removed from service by orders passed by an officer lower in rank than the Appointing Authority. In their complaints, the Petitioners alleged Unfair Labour Practice under item 1 of Schedule IV of the act. The complaints were contested and finally allowed by the First Labour Court, Thane, by its common Order dated October 30, 1986. The First Respondent carried the matter in Revision and the Industrial Court, by the impugned order made in Revision Application (ULP) No. 24 of 1986, set aside the orders of the Labour Court and dismissed the complaints of the employees. Being aggrieved thereby, the Petitioners are before this Court by the present Writ Petition.

(3.) WITH the assistance of the Advocates on both sides, I have gone through the order of the labour Court dated October 21, 1983 made in Complaints (ULP) No. 132 to 136 of 1983 and the revisional Order of the Industrial Court setting aside the Labour Court's order and heard them.