IRFAN DAUD PATHAN, THANE AND ANIL RAJARAM NAGPURE, THANE & 46 OTHERS Vs. JHAWAR MUNICIPAL COUNCIL, THANE

JUDGEMENT

(1.) THIS complaint under items 5, 6, 9 and 10 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 is filed by the Complainant Nos. 1 and 2 for themselves and 46 concerned employees.' The names of all 48 concerned employees are appearing in the authority Annexure 'A' to the complaint. The period wise break up is appearing in Annexures 'C', 'D' and 'E' to the complaint. It is the case of the Complainants that the Model Standing Orders are applicable to the Respondent Municipal Council. The concerned employees were appointed in clear vacancies and, therefore, they are deemed to be on probation from the dates of their appointment. The right of confirmation in service is an implied service condition. If the employee continued more than three months in service, he must he deemed to have been made permanent. The Respondents passed Resolution No. 86 dated 19th March 1994 that all the 48 concerned employees who are styled as temporary employees would be removed from the services of the Respondent with effect from 1st April 1994. The workers arc working since 1976, 1978, 1980 and 1993 as per the different dates of appointment shown against their names in Annexures 'C, 'D' and 'E' to the complaint. They are working in the posts of Clerks, Peons, Mazdoors etc. The Government of Maharashtra by circular from the Urban Development Department issued on 9th October 1989 directed all the Municipal Councils in the State to make services of such employees permanent who are employed on daily wages or substitute prior to 31st December 1989. However, the Respondents failed and neglected to take necessary steps in that direction. All the employees are working since long time and have completed more than 240 days of continuous service. The Peons and Mazdoors are paid Rs. 20 per day. The four Peons are paid at the rate of Rs. 25 per day. The Clerks and Typists are paid at the rate of Rs. 30 per day. The minimum total wages for the permanent Clerks are Rs. 1,500 and for Mazdoors Rs. 1,400 per month. All these employees are doing the work of permanent nature and their services are required for discharging the duties of the work which is of perennial nature. They were never employed to discharge any temporary increased work. They are also not given the benefits of Wages, Allowances, Leave etc. On per with permanent employees The workers are suffering from Economic hardship and Psychological straints. The Complainants have claimed declaration of unfair labour practices under the items invoked in the complaint and direction to the Respondent to pay the arrears of wages and give all other service conditions on per with the permanent employees. They have also prayed for declaration restraining the Respondent from removing all the 48 employees in pursuance of the Resolution dated 19th March 1994. They are also claiming compensation at Rs. 25,000 for the hardship caused to them because of the unfair labour practices.

(2.) THE Respondent filed affidavit Exh. C -8 in reply to the application for interim relief and the same has been relied as written statement. All the allegations and the allegations of unfair labour practices are denied. It is pleaded that the governing body of the Respondent Municipal Council is formed as per the rules and regulation of the Municipal Act. The service conditions of the employees are also governed by Maharashtra Civil Services Rules. The complaint is not in accordance with Regulation 100 (2) of the Industrial Court Regulation, 1975., as the date of occurrence of the unfair labour practice has not been pleaded.

(3.) IT is further pleaded that no new post can be created by Municipal Council without taking permission from the Director of Municipal Administration, Government of Maharashtra. The vacant posts are also required to be filled in through the Regional Subordinate Selection Board, Konkan Division and the Employment Exchange. The Respondent has submitted many proposals for creating new post. Because of the Government Policy, the Regional Director, Municipal Administation has not sanctioned the post. The Municipal Council has no right to create any post suo moto. Under Section 76 of Maharashtra Municipalities Act, the powers vest with the Government to create the post. The restriction on the expenditure to the extent of 42% of the normal revenue income of the Municipal Concil, for Spending on the Salaries and Wages of the permanent employees. The area under Jawhar Municipal Council being a tribal area, it is not getting sufficient revenue. The revision of service condition of the permanent employees also causes more financial burden on the Municipal Council.