LAWS(BOM)-2008-3-110

MAHINDRA AND MAHINDRA LTD Vs. AVINASH D KAMBLE

Decided On March 03, 2008
MAHINDRA AND MAHINDRA LTD. Appellant
V/S
AVINASH D.KAMBLE Respondents

JUDGEMENT

(1.) Being aggrieved by the judgment dated 29-4-2005 rendered by a learned Single Judge dismissing the writ petitions filed by the appellant-employer and partially allowing the petitions by the respondent-employees, the employer has preferred these appeals.

(2.) The facts, in the context of which these proceedings have arisen and about which there is not much dispute, are as under :

(3.) Appellant M/s. Mahindra & Mahindra manufactures tractors, jeeps, auto components, etc., in its plant including one at Nagpur according to market needs. For this purpose, apart from its regular work force, it also engages a large number of temporary workmen, who are employed and re-employed by issuing orders of appointments from time to time for fixed periods. These employees claimed to have completed 240 days of such employment and, therefore, demanded regularization and permanency. They complained that they were given deliberate breaks and other temporaries were employed in their place to prevent workmen so employed from completing 240 days of work in a calender year. They approached the Industrial Court by filing several complaints of unfair labour practice under Items 5, 6, 9 and 10 of Schedule IV to Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as .the MRTU & PULP Act).