MUNICIPAL CORPORATION OF GREATER BOMBAY, SHRI V. RANGANATHAN, SHRI S.B. PATIL AND SHRI B.B. SURVE Vs. SHRI DILIP BABAN SONAVANE AND ORS.

JUDGEMENT

(1.) THIS revision application has been arisen out of the order passed below Exh. U -2 in Complaint (ULP) No. 516 of 2000 by the 11th Labour Court, Mumbai (Shri S.K. Shalgaonkar) dated 25th October, 2000. Being aggrieved and dissatisfied by the said order, the original Respondent Municipal Corporation and others have preferred the present revision application with a prayer to set aside the order passed by the Trial Court and to dismiss the application Exh. U -2. These 14 Complainants have filed the complaint before the Labour Court under section 28 read with items 1(a), (b), (d), (f) and (g) of schedule IV of the M.R.T.U. and P.U.L.P. Act, 1971. The Complainants are working in the Fire Brigade from 2nd August, 1999 onwards as the dates of. appointments of each of the Complainants are distinct from each other. The services were temporary and the appointment orders were given to each of them. There are two trade unions working in the Fire Brigade and both are recognised. The members of those unions started agitating from 12th June, 2000 protesting against various ill -treatments etc. given by the Respondents especially in respect of the drills in the afternoon shift. There are 23 Fire Stations and there are majority of permanent workers. The Complainants were the probationers and as per the undertakings given by them, they were not supposed to take part in the strike during the period of probation. A show cause notice was served on them. The Complainants replied the notice by pointing out that they have not taken in the part of the agitations or in the strike and requested to withdraw the show cause notice. Therefore, another show cause notice was served with oblique allegations of participating in the agitations called by the trade unions. The Complainants replied the said notice also.

(2.) THE Respondents inspite of that, by order No. 25 dated 6th July, 2000 pointed out that it was proved that the 14 Complainants have participated in the agitations of the employees. They were served with the chargesheet dated 9th June, 2000. Simultaneously, the services are terminated under rule 28 of the Bombay Municipal Corporation Service Rules.

(3.) ON perusal of the application, affidavit and the documents on record, the learned Trial Judge was pleased to issue show cause notice to the Respondents and the Respondents have appeared before the Court along with affidavit -cum -reply vide Exh. C -3. The Respondents have denied that they have followed any unfair labour practice. It is the contention of the Respondents that whatever contentions raised by the Complainants in the main complaint and the application are false and frivolous and therefore, the application for interim relief deserves to be dismissed. It is the contention of the Respondents that a mass agitation has been commenced by the employees of the Fire Brigade which has indulged into serious misconducts and thereby no regular domestic enquiry was possible and, therefore, it was decided to prove the charges before the Court. It is pointed out that various establishment orders were displayed in the office and inspite of that orders, the employees have flouted the orders.