THE MUNICIPAL COUNCIL, BHANDARA, THROUGH ITS CHIEF OFFICER, BHANDARA AND ANOTHER Vs. URKUDA W/O. MAHADEO NIKHAR AND OTHERS

JUDGEMENT

(1.) Employer Municipal Council and its President are before this Court assailing the judgment dated 03.07.2007 delivered by learned Single Judge of this Court in Writ Petition No. 2891 of 1995. That Writ Petition was filed by 17 employees of Municipal Corporation against the judgment dated 20.4.1992 (20.04.1990). This judgment is delivered by the Member, Industrial Court in ULP Complaint No. 82 to 98 of 1987.

(2.) Member, Industrial Court did not grant any declaration or relief under Item 9 of Schedule 4 of The Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices (M.R.T.U. and P.U.L.P.) Act, 1971, and on uniform basis extended the benefit of Item 6 of Schedule 4. Learned Member also observed that the complainants before him were entitled to equal facilities and accordingly without directing absorption in permanent cadre, a direction was given to employer to extend to them the wages at par with permanent employees from date of complaint i.e. from 10.3.1987.

(3.) Complainants were claiming benefit of Award dated 30.7.1975 delivered by Industrial Court, Nagpur and hence they approached this Court in Writ Petition No. 2891 of 1995. Learned Single Judge on 3.7.2007 has found that benefit of earlier Award dated 30.7.1975 could not have been denied to complainants. Hence, a direction has been issued to employer to extend the benefit of permanency to all complainants from the date they completed two years of continuous service. Only continuity has been ordered from said date without any arrears.