FULSINGH NAIK COLLEGE Vs. SAYYAD SADIQUE

JUDGEMENT

(1.) Heard learned advocates for the respective parties.

(2.) RULE. Rule made returnable forthwith.

(3.) The employee had filed complaint under Section 28 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 before the Industrial Court contending that the employer indulged in unfair labour practice by not granting permanency and not paying the emoluments accordingly. The Industrial Court allowed the complaint, by the order dated 25th November, 2011 and directed the employer to grant permanency to the employee from 29th September, 2001 and to make available to him all the emoluments accordingly. The order passed by the Industrial Court was challenged before this Court in Writ Petition No. 375 of 2012. One of the challenge was that the employee should have approached the Grievances Redressal Committee of the University under Section 57 of the Maharashtra Universities Act, 1994 (hereinafter referred to as "the Act of 1994") and the Industrial Court had no jurisdiction to entertain the complaint filed by the employee. This Court by the order dated 11th February, 2013 disposed the petition recording that if the employee approaches the Grievances Committee within four weeks, the application / representation of the employee should be considered by the Grievances Committee according to law. After the above order was passed by this Court, the employee filed application under Section 57 of the Maharashtra Universities Act, 1994 before the Grievances Committee on which the impugned order is passed, upholding the claim of the employee for permanency and emoluments. The employer being aggrieved by the order passed by the Grievances Committee has filed this petition.