The judgment emphasizes the statutory rights of industrial workers and the prohibition of unfair labour practices under the MRTU & PULP Act, 1971.

JUDGMENT :

1. This Writ Petition is filed by Petitioners on behalf of the State of Maharashtra under Article 227 of the Constitution of India taking exception to the common impugned Judgment & Order dated 06.03.2002 passed by Industrial Court, Nasik allowing 5 separate ULP Complaints filed by Respondent – Nasik Zilla Van Shramik Sangh on behalf of workers and 6 individual Complaints filed by 6 workers, disposing them all by the common Judgment / Order. By the impugned Judgment & Order, inter alia, the Industrial Court allowed all Complaints and directed Petitioners to extend the benefit of status of permanency and to maintain seniority list of the employees employed in forests under Nashik Van Vibhag, Nashik. Rule was issued on 29.09.2003.

2. Briefly stated, original Complainant i.e. Respondent Union (Sangh) filed 5 Complaints being (ULP) Nos. 320/1997, 636/1998, 63/1999, 30/1999 and 34/2000 in a representative capacity on behalf of various workers / labourers engaged in the Forest Department in Nasik Division before the Industrial Court under the provisions of Section 28 read with items 6, 9 and 10 of Schedule IV of the MRTU & PULP Act, 1971 seeking declaration against Petitioners that they had committed unfair labour practices and denied status of permanency to the workmen. Further 6 separate Complaints being Complaint Nos. 244 to 249/2000 were filed by 6 individual workmen on the same grounds and for the same reliefs. All 11 Complaints were decided by the common impugned Judgment.

3. It was contended by Respondent Union before the Industrial Court that work performed by the workers / labourers was of a permanent nature and perennial one which was supervised by the Forest Guards and Range Forest Officers. That workers were engaged on daily wages but paid monthly wages on daily rate basis and their attendance was recorded and maintained by the Forest Guards and / or Range Forest Officers of the concerned Forest Office where they were working. It was contended that minimum wages paid to workers were increased from time to time keeping in view the circular issued by the Government of Maharashtra and as per the rate fixed by the Wage Board. It was contended that all workers had completed more than 5 years of continuous service and simultaneously 240 days of service in each calendar year in continuity for 5 years and in view of the extant Government Resolutions issued by the Government of Maharashtra in 1996 and 1999, they ought to have been given the benefit of status of permanency. Hence, the Complaint came to be filed by the representative Union before the Industrial Court.

4. Mr. Vanarase, learned AGP appearing on behalf of Petitioners would contend that the workers were engaged temporarily and on daily wages; that there was no employer-employee relationship between parties and hence they would not have any locus standi to file the original Complaint itself which was not maintainable before the Industrial Court. He would submit that most of the workers were engaged under various Government Schemes namely the Employment Guarantee Scheme, Jawahar Rojgar Yojna and various Plantation Schemes initiated by the State Government at various points of time and in that view of the matter, it cannot be contemplated that the workers had completed 240 days of continuous service per year and that too in continuity for a period of 5 years to be eligible for status of permanency. He would next submit that the Forest Department under which the workers were employed is not an ‘Industry’ as contemplated under Section 2(j) of the Industrial Disputes Act, 1947 as the said Department performs sovereign functions and in that view of the matter, Complaints filed by the Union on behalf of the workers as by well as some of the workers individually were not maintainable. It was submitted that Petitioners did not have availability of funds, that there was no sanctioned / budgetted posts available for absorption of these workers in service and granting them s