KISHORE C. SANT
Municipal Corporation of City of Jalgaon – Appellant
Versus
Miraj Mahila Audyogik Cooperative Society Ltd. – Respondent
JUDGMENT :
1. Rule. Rule made returnable forthwith. The petition is heard finally by consent of the parties.
2. The petitioner in this petition is a Municipal Corporation established under the provisions of the Bombay Provincial Municipal Corporation Act, 1949. Respondent Nos.1 to 4 are labour contractors, who were engaged by the petitioner. Respondent No.5 is the Union of workers working as Safai Kamgars and Scavengers in petitioner-Corporation.
3. Challenge is raised to a judgment and order dated 26.09.2017 passed by the learned Industrial Tribunal, Jalgaon in Reference (IT) No.01 of 2007, wherein directions are given to the petitioner to treat 645 persons mentioned in Schedule “B” to Memorandum of Demand as direct employees of the Corporation and to give them all the benefits of a permanent employee from the date of Reference i.e. 24.10.2007. The learned Industrial Tribunal held that there is direct relationship as employer and employee between the petitioner and the sweepers as per list Exh. U-1. It is a case of the petitioner that the Corporation had engaged labour contractors to supply labours for various services in the Corporation. The alleged employees were engaged through th
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