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2018 Supreme(Bom) 942

S.C.GUPTE
Mangal Bharat Shinde – Appellant
Versus
Pimpri Chinchwad Municipal Corporation – Respondent


Advocates Appeared:
For the Petitioner: Ms. Neeta Karnik
For the Respondent: Mr. G.H. Keluskar

JUDGEMENT :

Heard learned Counsel for the parties.

2. This petition challenges an order passed by the Industrial Court at Pune dismissing a complaint of unfair labour practice filed under Item Nos. 5, 6 and 9 of Schedule IV of the MRTU & PULP Act, 1971.

3. The Petitioner is a sanitation worker ('safai kamgar') working for a hospital known as Talera Hospital, Chinchwad. It is alleged that Respondent No.1 Municipal Corporation and its medical officer have the responsibility to manage this hospital, as it is owned by the Municipal Corporation. A total number of about 24 sanitation workers were working in this hospital, including the Petitioner herein. It was their case that they were deliberately employed in the hospital through contractors and their engagements were purposely kept as temporary for years together. It is their case that they were in real terms employees of Respondent No.1 Corporation; that they were working continuously for more than 240 days in a year for a number of years and still benefits of permanency such as leave, bonus salary, etc. were denied to them. Out of these 24 workers, 20 workers filed a complaint, being Complaint (ULP) No.177 of 2005. Under an interim ord





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