CHIEF ENGINEER (ELECTRICAL) PUBLIC WORKS DEPARTMENT, MUMBAI AND ORS. Vs. RAMKRUSHNA RAMCHANDRA AKARE, & ORS.

JUDGEMENT

(1.) This petition by employer takes exception to the order passed by learned Member, Industrial Court, Nagpur allowing complaint under Sec. 28 of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1927 about unfair labour practice as defined in Items 5 and 9 of Schedule IV and Item 4(e) of Schedule II of the said Act.

(2.) The complainants were engaged on Nominal Muster Roll (NMR) as Mazdoors by the petitioners somewhere before 1972. They were brought on work charge establishment on various dates from 01.01.1974 to 01.06.1076 and on Converted Regular Temporary Establishment (CRTE)4 on different dates from 01.10.1976 to 14.10.1981 which, according to the learned Assistant Government Pleader, was not correct. They should have first brought on CRTE and then on Work Charge Establishment. However, this is not likely to affect the final decision of the petition. Respondents No.6 to 14 were directly appointed on regular establishment as Mazdoor after their names were recommended by Employment Exchanges on various dates from 28th July, 1981 to 9th March, 1982. On 23rd Sept., 1993 respondents No. 6 to 14 were promoted as Wiremen. This order was challenged by respondents No.1 to 4 by filing complaint before learned Member, Industrial Court, wherein he passed the impugned order.

(3.) I have heard the learned Assistant Government Pleader Shri Deshpande for the petitioner and Shri Marpakwar learned counsel for respondents, who were complainants before the Industrial Court.