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2001 Supreme(Bom) 1081

H.L.GOKHALE, D.D.SINHA
Manik s/o Guglaji Zine and others – Appellant
Versus
Director of Social Forestry and others – Respondent


JUDGMENT - H.L. GOKHALE, J.:---Heard Mr. Bhide, learned Counsel for the petitioners and Mr. Badar, learned Special Counsel for the respondents.

2. The petitioners herein are some twelve persons who were working as Watchmen under the first respondent for different periods as pointed out in Annexure-1 to the petition, two of them starting from 1984 from that matter. It is the case of the petitioners that they have been kept on temporary basis for a long time and are deprived of the benefit of regularization.

3. They have, in fact, for this purpose, filed two complaints under the Maharashtra Recognition of Trade Unions Prevention of Unfair Labour Practices Act, 1971 ("MRTU PULP Act", for short). The first one is Complaint (ULP) No. 461 of 1991 filed by a Trade Union, whereas the second one is Complaint (ULP) No. 755 of 1994 filed by the petitioner No. 10. That complaint invokes Item 6 of Schedule IV of the said Act, which declares the following practice as a General Unfair Labour Practice on the part of employer:---

"6. To employ employees as "badlis", casuals or temporaries and to continue them as such for years, with the object of depriving them of the status and privileges of p












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