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2014 DIGILAW 1604 (BOM)

Amravati University v. Milind s/o Bhimrao Patil

2014-07-24

A.P.BHANGALE

body2014
JUDGMENT A.P. BHANGALE, J. 1. Heard Mr. S.G. Loney, learned Counsel for the petitioner and Mr. N.R. Saboo, learned Counsel for the respondent. 2. By this petition, the petitioner has challenged the Judgment and Order passed in Complaint ULP No.912 of 1994 by the Industrial Court, Amravati whereby the petitioner was directed to maintain seniority list inclusive of name of the complainant and to reemploy the complainant within a period of 15 days from the date of order i.e. 5.8.2004 so long as the employees junior to the respondent are retained in service. It was further directed that the complainant shall have no right to claim the relief of regularisation in future. The order was consequent to finding that the petitioner was engaged in unfair labour practice within the meaning of Item 5 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971. 3. My attention is invited to the Judgment dated 19.12.2009 passed in Writ Petition No. 3653 of 2002 by this Court where in an identical case while confirming the order of the Industrial Court, it was held that the petitioners/workmen in that case would be entitled to work as per their standing in the seniority list and the University therein was directed to provide work to the complainants as per their standing in the seniority list. 4. It is submitted that there is continuing cause of action for daily wage workers with continuous service according to law and they should be provided work as per their standing in the seniority list, without any favoritism and without any victimisation. In view of the order passed in Writ Petition No. 3653 of 2002 (supra), therefore, the name of respondent herein/complainant be included in the seniority list in an appropriate order and serial number and the petitioner herein/Amravati University shall provide work to the respondent/complainant as per his standing in the seniority list. With this direction, the petition is disposed of accordingly.