VASANT BAJIRAO KHANVILKAR Vs. CHIEF OFFICER, ICHALKARANJI MUNICIPAL COUNCIL AND MEMBER/SECRETARY, REGIONAL SECONDARY SERVICE SELECTION COMMITTEE

JUDGEMENT

(1.) THIS is a complaint under section 28(1) read with item Nos. 6, 9 and 10 of Sch. IV of the M.R.T.U. and P.U.L.P. Act, 1971. Admittedly, the Complainant got employment with Respondent No. 1. Ichalkaranji Municipal Council as probationary driver for two months on 2nd October 1972. Later on, he was made permanent from 9th December 1972.

(2.) DIRECTOR of Municipal Administration accorded sanction under section 76(1) of the Maharashtra Municipalities Act for cancelling one post of motor mechanic out of such two posts and thereby creating one post of assistant mechanic, in the establishment of Respondent No. 1 vide letter dated 3rd May 1969.

(3.) THE Complainant was orally directed on 15th July 1985 to work as a driver. He, therefore, filed Complaint (ULP) No. 80 of 1985 in this Court alleging unfair labour practices under item 4 (d) and (e) of schedule -II and Item 5 of schedule -IV of the M.R.T.U. and P.U.L.P. Act, 1971 alleging that his oral reversion to the post of driver is an unfair labour practice. Respondent No. 1 objected the complaint contending that the Complainant was never promoted and, therefore, direction to make as a driver is not an unfair labour practice. The Complainant was dismissed on merits on 13th March 1986. However, it was directed that Respondent No. 1 shall consider Complainant's case favourably for the post of Assistant Mechanic as and when a vacancy in that post, arises.