BOMBAY MUNICIPAL NURSING AND PARAMEDICAL STAFF UNION, BOMBAY, Vs. THE MUNICIPAL CORPORATION OFGR. BOMBAY, MAHAPALIKA MARG, BOMBAY 400001,

JUDGEMENT

(1.) THIS is a complaint filed by the Complainants under items -5, 6 and 9 of Sch. IV of the M.K.T.U. & P.U.L.P. Act, 1971, alleging that the Complainant No. 1 is a registered trade Union functioning in the hospital of the Respondents and Complainant Nos. 2 to 4 are the employees of the Respondents and members of the Complainant No. 1 union. The Respondent No. 1 is a Corporation, Respondent No. 2 is a head of the B.Y.L. Nair Charitable Hospital and Respondent No. 3 is the head of Health Department of the Respondent No. 1. The Respondent Nos. 2 and 3 are considered as independent departments of the Corporation. It is stated that Nurses and paramedical staff arc the members of the Complainant Union and for all practical purposes, the Complainant No. 1 is recognised by the Respondents since number of years and it is only bargaining agent of the concerned employees. The Complainant Nos. 2 to 4 are directly employed under the Respondent No. 2 and all of them arc B.Sc. (Chemistry) and D.M.L.T.

(2.) THE Complainant No. 2 stated that her maiden name is Miss Hemlata P. Sawant and matrimonial name is Mrs. Mamata Ravindra Kadam and in pursuance to her application, she was selected and was issued a call letter on 15th February 1989 as "Laboratory Technician" in a purely temporary capacity, and she was actually appointed on 4th March 1989 till 3rd June 1989 but again by Respondent No. 2's letter dated 22nd June 1989 her services were terminated from 3rd June 1989 and again appointed from 4th June 1989, 29th June 1989. Similarly from time to time such type of letters have been issued as detailed in para, which is being followed till filing of the complaint and lost such letter was given on 12th February 1993, wherein last break was given on 17th February 1993 and was reappointed on 18th February 1993 till 17th June 1993.

(3.) IT is stated that all the Complainants were appointed in clear posts and till this date they arc clear posts. It is stated that in fact there is no physical break and their service is continuous since 1989 till this date. Only artificial breaks have been given to them. It is stated that since 1989 they have been treated as temporaries and are deprived of benefits such as provident fund, leave travel allowance, etc., which all other permanent employees are getting.