SARVA MAZDOOR SANGH Vs. SUPERINTENDENT J J HOSPITAL

JUDGEMENT

(1.) RULE. Respondents waive service. By consent petition is taken up for final hearing. This petition under Article 226 of the Constitution challenges the order dated 3. 3. 1999 passed by the Industrial Court below Application Exhibit U-2 in complaint (ULP) No. 248 of 1996 filed under the provisions of the Maharashtra recognition of Trade Unions and Prevention of Unfair Labour Practices, Act (for short MRTU and PULP Act.)

(2.) THE petitioner is a registered trade union and represents the employees employed in various hospitals including the respondent J. J. Hospital which is run by the State Government. The petitioner union filed Complaint (ULP) No. 248 of 1996 before the Industrial Court, Mumbai alleging unfair labour practice on the part of the respondent under Section 28 (1) read with Item 6 of Schedule IV of the said Act. The petitioner, union's case is that the respondent engages large number of casual, badli and temporary workers who continue to work for years together without being made permanent. According to the petitioner, the workers are kept as badlis and temporary in order to deny the wages of permanent employees. The petitioner has averred that the policy adopted by the hospital is that each workman is employed for a period of 31 days in a month and then on the last day of each month his services are terminated. After giving him one month's break, he is again re-employed as a fresh employee and this continues for years together. The petitioner has averred that the workmen listed at Exhibit A to the complaint are safai kamgars who have been doing the work of sweeping and cleaning in the hospital and the work is of perennial nature and integral to the running of the hospital. Alongwith the complaint the petitioner filed an application Exhibit U-2 for temporary reliefs. The application was opposed by the respondent by filing an affidavit in reply. By the impugned order dated 3. 3. 1999 the Industrial Court has rejected the application for interim reliefs.

(3.) I have heard Mr. Desai for the petitioner and Mr. Palshikar the learned a. G. P. for the respondent.