KAMGAR CONGRESS Vs. THE CHAIRMAN, UNIT TRUST OF INDIA, THE PRINCIPAL, UTI INSTITUTE OF CAPITAL MARKETS AND M/S. NEW BOMBAY MULTIPLE SER. & CONS.

JUDGEMENT

(1.) THE present complaint is filed by the Complainant Kamgar Congress against the Chairman, Unit Trust of India and two others, alleging unfair labour practice under item 6 of schedule II and items 9 and 10 of schedule IV of the MRTU & PULP Act, 1971. It is the case of Complainant that the Respondent No. 1 is a Government of India undertaking incorporated under Unit Trust of India Act, 1963. It is the principle employer. The Respondent No. 2 is person responsible for day to day administration of Respondent No. 1 and Respondent No. 3 is a Contractor by whom the workmen referred in Annexure 'A' are employed.

(2.) IT is submitted that the workmen shown in the Annexure 'A' are working for years together at the said premises and therefore, deemed to be permanent employee of UTI Institute of Capital Market. The job carried by the workmen is a perennial nature. Inspite of that their legitimate claim is denied by the principle employer. They were also denied the wages like other permanent employees and also other benefits, such as casual leave, privilege leave etc.

(3.) IT is further stated that the complainant is not aware whether the contractor has obtained licence under the licensing Authority and whether he is entitled to act as contractor.