MUNICIPAL COUNCIL Vs. BHARTIYA NAGAR PARISHAD

JUDGEMENT

(1.) All these three writ petitions challenge common order dated 14.12.2006 delivered by the Member, Industrial Court, Chandrapur, directing the petitioners-Municipal Councils to pay 15% incentive payable in naxal affected areas from August 2002 as per Government Resolution dated 6.8.2002 to its employees.

(2.) This Court has on 13.8.2007, while issuing Rule, permitted the Municipal Councils to pay such allowance to its employees, if it wanted to implement its own resolution. By order dated 30.8.2007, this Court has granted interim relief and stayed the operation and effect of impugned order dated 14.12.2006.

(3.) The facts are not much in dispute. Respondent No. 1 in all these writ petitions is a Registered Trade Union and had filed a Complaint (ULPA) No. 65 of 2005 on behalf of its members spread over in Municipal Council, Chandrapur, Municipal Council, Mul and Municipal Council, Ballarshah, contending that by not extending benefit of Government Resolution dated 6.8.2002, to those members, the respective Municipal Councils have indulged in Unfair Labour Practice falling under Item No. 9 of Schedule IV of Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices, Act, 1971 (hereinafter referred to as MRTU & PULP Act). The respective Municipal Councils filed their written statements and opposed the claim. By common Order dated 14.12.2006, the learned Member of Industrial Court found that respondent No. 1 -Trade Union succeeded in establishing that there was unfair labour practice falling under item No. 9 and present petitioners were found to have indulged in it by not implementing the Government Resolution dated 6.8.2002 and subsequent Government Resolutions dated 18.8.2004 and 7.12.2004. It is to be noted that the General body of petitioners-Municipal Councils in the meanwhile had also passed a resolution sanctioning similar payment as incentive to its employees and the implementation of resolution was to be done after the approval of State Government.