MUNICIPAL COUNCIL Vs. SHRIKRISHNA BALIRAM VAIDYA

JUDGEMENT

(1.) The petitioner-Municipal Council is aggrieved by the judgment and order dated 5th August, 1998 delivered by the Industrial Court, Nashik, vide which, Complaint (ULP) No. 323 of 1993, filed by the deceased respondent, a doctor, was allowed. He was granted benefits of the Fourth Pay Commission and was directed to be placed in the corresponding grade recommended by the 4th Pay Commission for Class-II Medical Officers, with effect from 1st April, 1986.

(2.) I have heard the learned Advocates for the respective sides, at length.

(3.) Three issues emerge from this proceeding. Firstly, whether the deceased respondent doctor would fall within the definition of 'workman' under Section 2(s) of the Industrial Disputes Act, 1947 read with the definition of 'employee' under Section 3(5) of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 ? The second issue would be, as to whether he was entitled to be placed in Grade II for earning the pay grade as recommended by the 4th Pay Commission ? Thirdly, whether, in the absence of any objection by the Respondent, the Labour Court or Industrial Court is precluded from considering the status of the complainant ?