MAHARASHTRA STATE TRANSPORT KAMGAR SANGHATANA, THROUGH ITS WORKING PRESIDENT Vs. DIVISIONAL CONTROLLER, MAHARASHTRA STATE ROAD TRANSPORT CORPORATION

JUDGEMENT

(1.) THIS is a complaint purported to be under section 28(i) read with items 9 and 10 of Schedule -IV of the M.R.T.U. and P.U.L.P. Act, 1971. Admittedly, the Complainant Union is recognised Union under the M.R.T.U. and P.U.L.P. Act, 1971. It is espousing cause of its member -a Conductor namely Shri Vilas Shankar Koli.

(2.) IT is also an admitted position that Shri Koli joined the Respondent -Maharashtra State Road Transport Corporation as a Conductor. He was confirmed on 26th September 1977. He claimed himself to be of Schedule Tribe (Mahadeo Koli). He was permitted to appear for the examination of Traffic Controller, then passed examination and then was promoted to the post of Traffic Controller in the year 1981. He then appeared for the examination for the post of Assistant Traffic Inspector passed the examination and then was promoted to the post of Assistant Traffic Inspector from 1st April 1990. It is stated in his promotion order that he is appointed subject to production of his Caste -Certificate in requisite proforma on or before 30th June, 1990. It is also clarified that his failure to produce Caste Certificate in requisite proforma will end into his reversion to the post of Traffic Controller.

(3.) IT is clarified in the complaint itself that Shri Koli himself filed a Complaint (ULP) No. 50 of 1991 on same grounds wherein, interim relief of withdrawing his reversion order was granted. However, said complaint was disposed of in the year 1996 on the ground that it was not filed by a Recognised Union. Now, this complaint is filed by the Recognised Union.