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Bombay High Court

LAXMAN KHANDUJI DANEversusTHE DIVISIONAL CONTROLLER MAHARASHTRA STATE ROAD TRANSPORT CORPORATION DIVISION AURANGABAD

Disposal
DISPOSED OFF

Holding

The Court ordered the respondent to re‑verify the petitioners' pay scale and communicate its decision, permitting the petitioners to approach the Industrial Court afresh if aggrieved.

Summary

The petitioners, who were employed as cleaners by the Maharashtra State Road Transport Corporation (MSRTC), filed writ petitions challenging the Industrial Court's dismissal of their complaints alleging unfair labour practice and seeking permanent employee status, wages and benefits. The High Court had earlier, in Writ Petition No.5088 of 1996, set aside similar dismissals and held that the respondents had engaged in unfair labour practice under Item 6 of Schedule IV of the MRTU and PULP Act, directing entitlement to permanent‑employee benefits. The petitioners argued that despite the 2010 Divisional Standing Order and a 2016 order extending the pay scale, they had not received the full benefits. The Court, rather than deciding the merits, directed the MSRTC to re‑verify the pay scales of the petitioners in light of its 1996 order and to communicate its decision within eight weeks, allowing the petitioners to approach the Industrial Court afresh if dissatisfied. Consequently, the writ petitions were disposed of with the above directions.

Issues considered

  • Whether the Industrial Court's dismissal of the petitioners' complaints should be set aside in view of the High Court's earlier order.
  • Whether the petitioners are entitled to permanent employee status, wages and benefits under Item 6 of Schedule IV of the MRTU and PULP Act.
  • Whether the respondent has complied with the High Court's directions regarding extension of the pay scale.

Legislation cited

  • Maharashtra Road Transport Undertakings Act — s. Schedule IV Item 6
  • Public Undertakings Labour (PULP) Act — s. Schedule IV Item 6

Subjects

  • unfair labour practice
  • industrial court
  • permanent employee status
  • wage entitlement
  • MSRTC
  • writ petition
  • verification
  • labour law
  • Schedule IV
  • Item 6

Judgment

2026:BHC-AUG:14497
                                           1 of 4               926-WP.4139.2020.odt



                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                             926 WRIT PETITION NO. 4139 OF 2020

                                  SATISH KISHAN CHANDAN
                                            VERSUS
                   THE DIVISIONAL CONTROLLER MAHARASHTRA STATE ROAD
                        TRANSPORT CORPORATION DIVION AURANGABAD
                                               ...
               Mr. Arvind Deshmukh, Advocate for the Petitioner.
               Mr. Dnyaneshwar Suresh Bagul, Advocate for Respondent No.1.
                                               ...

                                           WITH
                               WRIT PETITION NO. 4187 OF 2020

                                   LAXMAN KHANDUJI DANE
                                            VERSUS
                   THE DIVISIONAL CONTROLLER MAHARASHTRA STATE ROAD
                       TRANSPORT CORPORATION DIVISION AURANGABAD
                                               …
               Mr. Arvind Deshmukh, Advocate for the Petitioner.
               Mr. Dnyaneshwar Suresh Bagul, Advocate for Respondent No.1.

                                           WITH
                               WRIT PETITION NO. 4494 OF 2020

                                   NITIN SUDHAKAR AUTEE
                                            VERSUS
                   THE DIVISIONAL CONTROLLER MAHARASHTRA STATE ROAD
                       TRANSPORT CORPORATION AURANGABAD DIVISION
                                               …
               Mr. Arvind Deshmukh, Advocate for the Petitioner.
               Mr. Dnyaneshwar Suresh Bagul, Advocate for Respondent No.1.
                                               …

                                           WITH
                               WRIT PETITION NO. 4309 OF 2020

                                 LAXMAN NANASAHEB LOKHANDE
                                           VERSUS
                     THE DIVISIONAL CONTROLLER MAHARASHTRA STATE ROAD
                              TRANSPORT COPORATION AURANGABAD
                                             …
                                       2 of 4                  926-WP.4139.2020.odt



Mr. Arvind Deshmukh, Advocate for the Petitioner.
Mr. Dnyaneshwar Suresh Bagul, Advocate for Respondent No.1.
                                ...

                               CORAM :          SIDDHESHWAR S. THOMBRE, J.

                               DATE     :       27th MARCH 2026
P.C.:-

1.            Heard learned Advocates for the respective parties.

2.            By the present petitions, the Petitioners challenge the orders

dated 08.01.2019 passed below Exhibit O-5 by the learned Member,

Industrial Court, Aurangabad in Complaint (ULP) Nos. 96 of 2010, 101

of 2010, 97 of 2010 and 95 of 2010, whereby the complaints filed by

the Petitioners came to be dismissed. Without delving into the earlier

proceedings in detail, it is pertinent to note that this Court, while

deciding Writ Petition No.5088 of 1996, observed in paragraph 22 as

under:

         “22.       In the result, the writ petition is allowed. The order
         passed by the Industrial Court, Aurangabad, dismissing the
         Complaint (ULP) Nos.208, 209, 210, 211, 212, 213 and 229 of
         1992 are hereby set aside. The writ petition is allowed. It is held
         that the respondent has indulged in unfair labour practice under
         Item 6 Schedule IV of the MRTU and PULP Act and shall desist
         from doing so. The petitioners are entitled to get the status,
         wages and other benefits of permanency applicable to the post of
         cleaners employed by respondent. However, it is made clear that
         the petitioners. would not be entitled to the wages for the period
         for which they have not actually worked. accordingly. Rule made
         absolute accordingly.”


3.            Thus, it is evident that the Petitioners are entitled to the

status, wages, and other benefits of permanency applicable to the post

of cleaners employed by the Respondent. The contention of the
                                 3 of 4                926-WP.4139.2020.odt



Petitioners is that, since they were appointed in the year 1984, 1986

and 1990 respectively and in view of the aforesaid orders, they are

entitled to wages and pay scales as per similarly situated permanent

employees. However, according to them, such benefits have not been

fully extended, which constrained them to approach the Industrial

Court.


4.        Mr. Bagul, learned Advocate for the Respondent, has

tendered across the bar Divisional Standing Order No.119 of 2010 and

submitted that the pay scale applicable to permanent employees has

already been extended to the Petitioners. He further relied upon a

subsequent order passed in the year 2016 to contend that the

directions issued by this Court have been duly complied with.


5.        Upon perusal of the impugned orders and the material on

record, instead of adjudicating the matter on merits, I am inclined to

direct the Respondent–MSRTC to re-verify the pay scale granted to the

Petitioners and to communicate its decision to them. The Respondent

shall consider the matter in the light of the order passed by this Court

in Writ Petition No.5088 of 1996. In the event the Petitioners remain

aggrieved, they are at liberty to avail appropriate remedies available in

law, including approaching the Industrial Court afresh. If such a

complaint is filed, the Industrial Court shall decide the same

independently, without being influenced by its earlier order, and in
                                           4 of 4                926-WP.4139.2020.odt



          accordance with law.


          6.        The Respondent–MSRTC shall communicate its decision to

          the Petitioners within a period of eight weeks from today.


          7.        Hence, the present writ petitions stand disposed of.



                                             (SIDDHESHWAR S. THOMBRE, J.)

Tauseef


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