STATE OF MAHARASHTA Vs. PRESIDING OFFICER INDUSTRIAL COURT

JUDGEMENT

(1.) Since the facts and the law points involved in these three petitions are common, same are being disposed of by this common judgment.

(2.) By way of present petitions, the petitioners challenge the common judgment and order passed by the learned Industrial Court dated 9th March, 1994, thereby allowing the complaints filed by the respondent no.2 herein-original complainants.

(3.) The respondent no.2 in these writ petitions who are employees of the petitioners, had filed Complaint Nos. 122/86, 123/86 and 126/86, under Section 28 read with Items 5 & 9 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as the "said Act for the sake of brevity). It was alleged in the said complaints that the complainants were initially appointed as Mazdoor on daily wages by the present petitioners. It was further alleged that the complainants were brought on Converted Regular Temporary Employee (hereinafter referred to as C.R.T.E. for the sake of brevity) as Mazdoor as per the decision of the State Government communicated vide letter dated 10th January, 1983. It is alleged that all the persons similarly situated with the complainants, were promoted to the post of Karkuns, by the order dated 1st January, 1986, by the State Government. It was alleged that though the complainants were entitled to be promoted along with those persons, they were denied promotion to the posts of Karkuns. It was alleged that since the complainants were engaged in the trade union's activities, their legitimate claim was denied. It was further alleged that the complainants were, in fact, doing the work of Karkuns and as such were entitled to be promoted as such with retrospective effect i.e. from 4/11/1981, 4/7/1981 and 9/8/1978.