RAJYA PARIWAHAN YANTRIK KAMGAR SANGHATANA MAHARASHTRA RAJYA Vs. REGIONAL MANAGER MAHARASHTRA STATE ROAD TRANSPORT CORPORATION

JUDGEMENT

(1.) THE petitioner-Union have questioned the validity of the action taken by the respondent in refixing the working hours, on the ground of violation of condition of service and denial/withdrawal of half day holiday which is a right privilege, advantage or concession, accured in their favour by passage of time and or by usage and custom.

(2.) THE petitioners are Unions of the Employees of respondent. Corporation engaged in Divisional and Central Work Shops of the respondent-corporation in the Vidharbh Region. These employees have been working from Thursday to Monday during 7. 30 to 17. 00 hours (one hour lunch brake, thus for 8? hours, a day) and on Tuesday during 7. 30 to 13. 30 hours (half hour brake-thus 5? hours ). Wednesday has been a weekly off-holiday. Accordingly, they used to complete 48 working hours in a week. The respondent issued a Circular dated 28-4-1988 after the working hours, from 12-5-1988. The employees have here after been required to work from Thursday to Tuesday during 8 to 17 hours with one hour as a brake. Wednesday has been maintained as a weekly off. The employees are accordingly required to work for 8 hours a day for six days to complete 48 working hours in a week.

(3.) THE petitioner unions in May 1988 filed a complaint under section 28 of the Maharashtra Recognition of Trade Unions and prevention of Unfair Labour Practices Act. According to them by working only for 5? hours on Tuesday, they availed half day holiday. They have enjoyed the same since last more 25 years. It has, therefore, become a part of a condition of service and also a right, privilege and advantage. The respondent by the circular has withdrawn the half day holiday without any notice, conciliation or agreement. The respondent have, therefore, indulged in an unfair labour practices, enumerated vide items Nos. 9 and 10 of Schedule 6 of the Act. The Industrial Court by the impugned order dated 23-2-1989 dismissed the complaint. It is held that the provisions of Bombay Industrial Relations Act have no application to the Corporation. It is also exempted from the provisions of section 9-A of the Industrial Dispute Act. The Industrial Court has observed that half day working on Tuesday was neither a facility nor a right or privilege. Impugned Circular dated 28-4-1988 does not affect the employees adversely. The petitioner Unions have impugned this judgment of the Industrial Court, in these petitions raising the question as formulated.