THE MUNICIPAL CORPORATION OF THE CITY OF SANGLI, THROUGH ITS COMMISSIONER Vs. SHRI ASLAM RAJEKHAN PAILWAN

JUDGEMENT

(1.) THIS is a Revision by an employer challenging legality of judgment and order passed in Complaint (ULP) No. 114 of 1993 by the Labour Court, Sangli, whereby he is directed to reinstate his employee with continuity of service and full back wages. Admittedly, present Respondent (hereinafter referred to as the Complainant) worked under the then Municipal Council of Sangli as a cleaner from 27th July 1992 to 24th February 1993.

(2.) IT is case of the Complainant that the Chief Officer of the then Sangli Municipal Council orally appointed him on 27th July 1992 on vacant post of a cleaner, he then worked continuously till 24th February 1993 and thus attained status of a permanent employees. He attended the duties on 25th February 1993 but was not allowed to join nor any written termination order was given to him. In fact, he worked as a cleaner on regular basis and is well experienced. As such, his termination is an unfair labour practice under items 1(a), (b), (d), (f) of Schedule IV of the M.R.T.U. and P.U.L.P. Act. Eventually, he prayed for reinstatement with continuity of service and full back wages.

(3.) THE Complainant also made an application under section 30(2) of the Act to direct the Council to allow him to work on the post of cleaner or any suitable post, till decision of main complaint. He filed a certificate dated 16th April 1993 issued by Councils' Chief Officer which states that he worked ruing leave period of Shri Shirsath. The learned Labour Court rejected the interim application (Exh. U -2) on 2nd July 1993.