STATE OF MAHARASHTRA Vs. RAMBHAU BANSI BAGUL

JUDGEMENT

(1.) This writ petition is filed challenging the judgment and order dated 5/2/1999 passed by the Labour Court, Dhule in Complaint (ULP) No. 20 of 1993 and the judgment and order dated 29/11/2001 passed by the Industrial Court, Jalgaon in Revision Application (ULP) Nos. 717 of 1999 and 849 of 1999.

(2.) The background facts of the case are as under : It is the case of the petitioners that the respondent was appointed under the scheme known as 'Jalawu Sarpan Yojana'. The said scheme was being implemented through petitioner Nos. 2 to 4. That the services of the respondent were terminated after paying him amount equal to 3 month's salary w.e.f. 28/2/1991. The respondent herein being aggrieved by the termination, approached to the Labour Court, Dhule and filed Complaint (ULP) No. 20 of 1992 alleging unfair labour practice against the petitioners under Item (1) of Schedule IV of M.R.T.U. and P.U.L.P. Act, 1971 (for short 'the Act'). The respondent further prayed for retrenchment with continuity of service and back wages.

(3.) It is alleged in the complaint by the respondent that the petitioners have terminated his service without following mandatory provisions of sections 25-F and 25-G of the Industrial Disputes Act, 1947 (for short 'I.D. Act'). The grievance was also made that the junior persons to the respondent have been retained in the service. It is further stated in the complaint that the respondent has completed 240 days continuous service in a calender year and, therefore, he has attained the status of permanent employee.