PATEL ENGINEERING WORKS Vs. BABAJI CHAUKEKAR

JUDGEMENT

(1.) THE petitioner is aggrieved by the order passed by the Industrial Court, at Mumbai in Complaint U. L. P. No. 1206 of 1993. The respondent No. 1 workman had moved the Court with the prayer that unfair labour practice is adopted by the petitioner-company in respect of the complainant-workman inasmuch as he has been working with the company since the year 1989 and before original respondent No. 4 of the trial Court since 1983, he has not been made permanent as a fitter.

(2.) THE stand of the company all along has been to the effect that the workman was employed by the company from amongst the casual labourers who would be waiting for the opportunity to get the job for the day at the gate of the company. This would necessarily mean that whenever there is job available with the company from amongst the casual workers if somebody is to be assigned the job the concerned workman has to be available at the gate of the company. The company is engaged in ship repairs works. This would mean that any vessel which is small or reasonably big is being repaired by the company. Same is the work done by the original respondent No. 4 in the trial Court.

(3.) IT is further the case of the company that by very nature of this work, so far as load thereof is concerned, it keeps on fluctuating according to the season. Through out the year there would be work available but its volume will increase particularly during monsoon when it will be too rough for the vessel to venture out into the sea. The ship/boat owners wait upto the onset of monsoon to get the repair works carried out.