JUDGMENT :

1. Writ Petition No.8115 of 2005 is filed by Zilla Addhikshik, Krishi Khate, Sangli i.e. on behalf of the State Government of Maharashtra under the provisions of Article 227 of the Constitution of India to challenge the judgment and order dated 11.01.2005 passed by the learned Industrial Court, Kolhapur in Complaint (ULP) No.172 of 1988. By the said judgment, the learned Industrial Court allowed the Complaint filed by the Respondents (original complainant) and directed the Petitioners to grant permanency benefits to the employees mentioned in Annexure-A to the Complaint except two persons w.e.f. 01.07.1988.

2. Briefly stated, Complaint Exhibit ‘U-1’ and amended Complaint Exhibit ‘U-21’ was filed by the registered Trade Union on behalf of the employees whose names were stated in Annexure-A to the Complaint who were members of the Respondent – Union. The employees worked under the control of Petitioner Nos.1 and 2 and were engaged in process of preparing fruit plants, tree plants, vegetable plants, plantation activity of various varieties of plants viz. coconut, lemon, mango etc. taking care of mother trees, maintaining the plants, watering them etc. Petitioners used to sell