SHRI SANJAY RANGRAO DESHMUKH Vs. CHAIRMAN/SECRETARY, WASHI LADEGAON JAKRAIWADI SAH-PANI PURAVATHA SANSTHA MARYADIT

JUDGEMENT

(1.) THIS is a Complaint under section 28(1) read with items 9 and 10 of Sch. IV of the MRTU and PULP Act, 1971. Admittedly, the Complainant is working under Respondent Society as a Measuring Clerk from 17th September, 1995. The Society served a chargesheet dated 1st March, 2000 upon him and further suspended him from same date, pending enquiry.

(2.) IT is case of the Complainant that he took prominent role for demanding minimum wages, complained with Assistant Commissioner of Labour in the year 1999 and, therefore, false and lubricated charges are levelled against him. Now, he is under suspension from 1st March, 2000 but the Society has neither paid suspension allowance nor paid bonus for the year 1999 -2000 to him. The enquiry is yet to be completed and hence the society is under obligation to pay requisite suspension allowance from 1st March, 2000 till completion of enquiry. Likewise, the Society is under obligation to pay bonus for the year 1999 -2000. Society's such Act is contrary to law as well as Model Standing Orders and thus an unfair labour practice under items 9 and 10 of Sch. IV of the M.R.T.U. and P.U.L.P. Act, 1971. Consequently, he has prayed for requisite declaration, direction to pay suspension allowance and bonus and other consequential reliefs.

(3.) CONSIDERING rival pleadings, following points arise for my determination.