MUNICIPAL MAZDOOR UNION, BAL DANDAVATE SMRUTI Vs. MUNICIPAL CORPORATION OF GREATER BOMBAY, MR. A.B. MADUSKAR, DY. MUNICIPAL COMMISSIONER (PERSONNEL), MUNICIPAL CORPORATION OF GREATER BOMBAY, MR. M.B. NAIK, DATA PROCESSING OFFICER (COMPUTER CENTER), BOMBAY MUNICIPAL CORPORATION OF GREATER BOMBAY

JUDGEMENT

(1.) THIS complaint has been preferred under section 28 read with items 5, 6 and 9 of Sch. IV of the M.R.T.U. and P.U.L.P. Act, 1971 (for short, 'MRTU and PULP Act') with a prayer to restrain the Respondent Corporation from giving break in service to the 12 member -employees of the Complainant Union and to extend them all the benefits of identical service conditions to that of permanent employees working in the similar post. In brief, the case of the Complainant Union is as under: -

(2.) THE Respondent Corporation by filing an written statement at Exh. C -5 has resisted the contention raised by the Complainant Union inter alia on the ground that the complaint has been barred by limitation provided under the MRTU and PULP Act. In the month of December, 1990, an advertisement for the post of Punch Operators was given for 51 posts. An aptitude test for the eligible candidates was conducted on 28th May 1991, Wherein 157 candidates were passed, out of which only 2 candidates got succeeded in the Punching Machine test conducted on 11th August 1992. On account of office exigencies, it was proposed to fill the post of reserved category candidates from open category on adhoc and temporary basis. An approval of Dy. Municipal Commissioner (personnel) was sought on 10th August 1992. There after the Punching Machine test was conducted on 13th August 1992 wherein 18 candidates got succeeded. While conducting the said retest, number of vacancies were not disclosed to the candidates. The Central training Institute and Research Center recommended 41 posts to be filled in against 84 scheduled post for punching operators. Out of 41, 37 posts were already filled in and in the remaining 4 vacancies, 3 candidates belonging to Reserved categories were recruited and 1 candidate from open category on purely adhoc basis. The remaining 14 candidates were kept on waiting list. On account of shortage of Punch Operators, it was proposed to fill in 14 posts for reserved categories by recruiting candidates from open categories, for a period of 6 months. It is, therefore, the candidates on the waiting list came to be recruited till the candidates from the reserved category were made available. Accordingly, 13 candidates has approached the Respondent Corporation for recruitment in the said posts on temporary basis. At the time of appointment of the candidates, they were subsequently given to understand that their appointment was on purely temporary basis till the candidates from the reserved category were available for recruitment. There has been a backlog of 18 posts of reserved category, for which applications were invited and 99 candidates have been found eligible in the aptitude test and the result of Punching Machine test is awaited. The provisions under the Model Standing Orders are not applicable to the Respondent Corporation. The 12 member employees have not rendered services for 240 days or more. No discriminatory treatment has been given by the Respondent Corporation to any employees. Hence, a prayer to dismiss the complaint as no Unfair Labour Practice has been adopted by the Respondent Corporation.

(3.) I have heard the Ld. Counsel Shri Padmanabh Shetty for the Complainant and the Ld. Counsel Ms. Pawar R.S. for the Respondent Corporation at length.