RAMDAS GANPATRAO MANE Vs. NAGAR PARISHAD MURTIZAPUR

JUDGEMENT

(1.) By this petition, the petitioner impugns the judgment passed by the Industrial Court Akola on 25.7.2001, dismissing the complaint filed by the petitioner.

(2.) The petitioner is the original complainant. He had filed a complaint under the provisions of section 28 read with items 5, 6, 9 and 10 of Schedule IV of the M.R.T.U. & P.U.L.P. Act. It was the case of the petitioner that he was appointed as a Peon and had to undergo training for a period of one month. He pleaded that he was continuously working as a Peon and had completed more than 240 days in service. Since his services were not regularized and the services of the other employees were regularized in the year 1997, the petitioner filed the complaint. The petitioner pleaded that the respondents could not have appointed a fresh candidate when the services of the petitioner were not regularized.

(3.) The respondent filed its reply and denied the claim of the petitioner. It was denied that any unfair labour practice is committed by not regularizing the services of the petitioner. It was denied that the petitioner was working continuously with the respondent and had completed more than 240 days of service in each year. It was also denied that the persons junior to the petitioner were regularized in services. The respondent sought for the dismissal of the complaint.