MAHARASHTRA OILSEEDS COMMERCIAL Vs. MAROTI NAGORAO KHARBALE

JUDGEMENT

(1.) The appeals are filed to challenge the decisions given in three writ petitions by learned Single Judge of this Court. In the writ petitions (Writ Petition Nos.5793/2007, 5794/2007 and 5795/2007) the judgments and orders of the Industrial Court Jalna in Complaint ULP Nos.139/2002, 140/2002 and 141/2002 were challenged. The learned Single Judge has dismissed the writ petitions. Both the sides are heard.

(2.) The respondents who had filed the complaints of unfair labour practices before the Industrial Court were working as daily rated employees with the appellant- Corporation. They were working for years together but regular pay scale was not being given to them. Then there was agreement between the said employees and the appellant-Corporation and one Committee called "Dr. Kinkar Committee" was appointed to consider the dispute. The Committee suggested staffing pattern and also gave suggestion to absorb the daily rated employees by creating supernumerary posts. The Committee also suggested the pay scales as per the natures of duty which these employees were discharging.

(3.) It is the case of the respondent-employees that they were doing clerical work and there was no post of Junior Clerk on the establishment of the appellant- Corporation. It is contended that there was post of Clerk and for that post there was pay scale of Rs.1200-30-1560- EB-40-2040. It is contended that even when there was such post available on the establishment of the Corporation, the respondents were designated as Junior Clerk and separate pay scale like Rs.825-15-900-EB-20- 1200-25-1450 was given to them. It is the case of the respondents that there was discrimination against them. They claimed that they were entitled to be placed in the pay scale of Rs.1200-2040 like other employees who were doing clerical job and the appellant-Corporation had indulged in unfair labour practices by refusing the said scale to them.