THANE MUNICIPAL TRANSPORT UNDERTAKING Vs. ATMARAM GOPAL SHINDE

JUDGEMENT

(1.) By the present Petition filed under Article 227 of the Constitution of India, the Petitioners call in question the legality and correctness of the judgment and order dtd. 27/9/2017 passed by the learned Member, Industrial Court, Thane. By the said judgment, Complaint (ULP) No. 348 of 2014 has been partly allowed and the Petitioners have been directed to extend to the Respondents the benefits flowing from the Government Resolution dtd. 8/6/1995.

(2.) The facts giving rise to the present Petition, as placed on record, are thus. According to the Petitioners, at the relevant time there existed a requirement of Drivers and, in that background, the Respondents came to be appointed on different dates between the years 1989 and 1996 by granting relaxation in respect of the prescribed educational qualifications. It is further their case that the promotional avenue available to a Driver is the post of Traffic Controller. The duties attached to the said post include regulation of bus turnout and routes, maintenance of necessary records, and preparation of daily turnout reports for submission to the Traffic Office. The minimum educational qualification prescribed for the said promotional post is passing of the 8th Standard. The Petitioners further submit that the State Government issued a Government Resolution dtd. 8/6/1995 providing for grant of promotional pay scale to employees who, though otherwise eligible for promotion, are unable to secure such promotion on account of non-availability of posts even after completion of 12 years of service. It is their case that the said Government Resolution came to be clarified by a subsequent Government Resolution dtd. 20/7/2001, which specifically provides, inter alia, that employees who are not eligible for promotion would not be entitled to the benefit of promotional pay scale under the earlier Government Resolution dtd. 8/6/1995.

(3.) It is the further case of the Petitioners that the Municipal Commissioner, by order dtd. 10/6/2002, adopted the Government Resolution dtd. 8/6/1995 for the benefit of municipal employees, however subject to fulfillment of the prescribed conditions of promotion, namely seniority and eligibility. It is stated that although relaxation in respect of passing of the departmental examination was granted upon completion of 15 years of service, no relaxation was granted in respect of the other essential conditions for promotion. The Petitioners have also placed reliance on the Resolution dtd. 4/3/2003 passed by the Transport Committee, wherein it was clarified that while the requirement of departmental examination stood relaxed, the conditions of seniority and eligibility continued to remain mandatory and were not dispensed with. The Respondents, on the other hand, asserted that notwithstanding their lack of the prescribed educational qualifications for the promotional post, and consequently their ineligibility for promotion, they were entitled to be granted the benefit of promotional pay scale or selection grade. It was contended that denial of such benefit constituted an unfair labour practice. On this basis, the Respondents instituted Complaint (ULP) No. 348 of 2014 before the Industrial Court at Thane. The Petitioners entered appearance and filed their Written Statement opposing the Complaint. It was contended that the reliance placed by the Respondents on the Government Resolution dtd. 8/6/1995, read with the clarification dtd. 20/7/2001, was erroneous. It was also urged that reliance on the Resolution dtd. 4/3/2003 of the Municipal Corporation was misconceived. The Petitioners accordingly sought dismissal of the Complaint. In the proceedings, the Respondents examined Respondent No. 12, whereas the Petitioners examined their Office Superintendent, Shri Peter John Pinto. Upon appreciation of the material on record, the learned Member, Industrial Court, Thane, by the impugned judgment and order dtd. 27/9/2017, partly allowed the Complaint and directed the Petitioners to grant to the Respondents the benefits under the Government Resolution dtd. 8/6/1995 from the date of completion of 15 years of service till the date of their appointment. Being aggrieved by the aforesaid judgment and order dtd. 27/9/2017 passed by the learned Member, Industrial Court, Thane in Complaint (ULP) No. 348 of 2014, the Petitioners have invoked the supervisory jurisdiction of this Court by filing the present Petition.