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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SANDEEP V. MARNE, J.
Dhairyasheel S. Phalake – Appellant
Versus
B.S. Bhadange – Respondent
JUDGMENT :
(SANDEEP V. MARNE, J.)
1. Petitioners have filed this Petition challenging judgment and order dated 14 August 2001 passed by the learned Member, Industrial Court, Satara dismissing Complaint (ULP) Nos. 12 to 17 of 1990 and 156 to 169 of 1990. The Complaints were filed under Items 6, 9 and 10 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (MRTU & PULP Act) seeking declaration that Petitioners have acquired status of permanent employees of Respondents with all consequential benefits.
2. Briefly stated, facts of the case are that the Government of Maharashtra had declared a policy for encouraging studies in Marathi literature and other fields by taking suitable measures. In his speech made on 6 July 1960, the then Governor of Maharashtra had made an announcement that the State would declare policy for encouragement of research in the fields of literature, history and culture of Maharashtra. Accordingly, the State Government decided to establish State Board for Literature and Culture and accordingly issued Government Resolution dated 19 November 1960, by which State Board of Literature and Culture was establishe
The absence of a formal employment contract and voluntary engagement on an honorarium basis negates the existence of an employer-employee relationship, precluding claims for permanency.
The judgment emphasizes the statutory rights of industrial workers and the prohibition of unfair labour practices under the MRTU & PULP Act, 1971.
The court's decision established that when temporary or ad-hoc appointments are continued for a long period of time, the Court has to presume that there is a regular need for service on regular posts....
Long-term engagement of employees for over 240 days establishes entitlement to regularization, reinforcing the principle against unfair labor practices applicable to public sector employment.
The Industrial Court lacks jurisdiction to entertain complaints of unfair labor practices unless an undisputed employer-employee relationship is established.
The main legal point established in the judgment is that for entitlement of permanency, completion of 240 days of service in each calendar year and for a continuous period of 5 years is required unde....
The main legal point established is that the burden of proof lies on the party claiming an employer-employee relationship, and regularisation and permanent absorption can only be granted in accordanc....
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