SHIVAJI VIDYAPEETH SEVAK SANGH, THROUGH ITS PRESIDENT Vs. THE VICE CHANCELLOR, SHIVAJI UNIVERSITY AND M/S. SARDESAI ENTERPRISES

JUDGEMENT

(1.) THIS is a complaint purported to be under section 28(1) read with items 6, 9 and 10 of Schedule IV of the M.R.T.U. and P.U.L.P. Act, 1971. Admittedly, Respondent No. 1. - -Shivaji University (hereinafter referred to as the University) is a University duly constituted under provisions of Maharashtra Universities Act. The University entered into contract with Respondent No. 2. M/s. Sardesai Enterprises (herein after referred to as the Contractor) for temporarily providing unskilled labourers for the periods from 15th December 1998 to 31st March 1999 and 1st April 1999 to 31st March 2000 to work in its Engineering, Garden and other Sections.

(2.) ORIGINAL Complainant Shri Jitendra Jaysingrao Ghorpade filed this Complaint on 2nd November 1999 alleging that the University appointed him through the Contractor as a temporary workman from February, 1999 on daily wages of Rs. 45. He was given some national breaks, however worked on those days and no wages were paid to him for working on those days. Contract between the University and the Contractor is dubious one. The University has entrusted its perennial work to the Contractor. He is working as a Watchman -cum -Pump operator from February, 1999. The Pump House runs in a three shifts. Even then the University has allotted work of perennial nature to the Contractor who is dubious one. The University is availing his services for of perennial nature by paying meagre amounts. It is further alleged that the University, to deprive him from obtaining status of permanency, initially appointed him on temporary basis and then through the Contractor. In fact, his duty -chart is prepared by Officers of the University and he works under the instructions and supervision of its Officers. He is in employment of the University for more than 240 days. Contract between the University and the Contractor is sham and bogus and in fact he is employee of the University. In addition, sufficient work is available with the University.

(3.) ACCORDING to the Complainant, he has rendered more then 240 days continuous service to the University and thus is a deemed permanent employee under provision of I.D. Act as well as Industrial Employment Standing Orders Act.