R. M. Lodha, J. - (1.) Principally, two questions which this Court is called upon to determine in this group of five civil appeals by special leave are:(one) : Whether a direction to the Maharashtra State Road Transport Corporation (for short, "Corporation") by the Industrial Court, and confirmed by the High Court of giving status, wages and all other benefits of permanency, applicable to the post of Cleaners to the complainants is justified (two) : Whether the two complaints filed by Casteribe Rajya Parivahan Karmchari Sanghatana (for short, "Union", an unrecognised union under Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (for short, "MRTU and PULP Act", alleging unfair labour practice on the part of the employer under item No. 6 of Schedule IV are maintainable
(2.) The Union, although a registered union under the Trade Union Act, but unrecognised under MRTU and PULP Act, filed two complaints, namely, complaint (ULP) No. 542/1991 and complaint (ULP) No. 574/1991 before the Industrial Court, Bombay alleging that the Corporation has indulged in unfair labour practice under item Nos. 5, 6, 9 and 10 of Schedule IV of MRTU and PULP Act. The names of the affected employees were mentioned in the annexures annexed with the complaints. All these affected employees were engaged by the Corporation as casual labourers for cleaning the buses between the years 1980-85. According to the complainants, these employees are required to work everyday at least eight hours at the concerned depot of the Corporation; the work done by these employees is of permanent nature but they are being paid a paltry amount; and that the posts of sweepers/cleaners are available in the Corporation yet these employees have been kept on casual and temporary basis for years together denying them the benefit of permanency.
(3.) Another complaint (ULP No. 442 of 1992) was filed by 19 individual employees before Industrial Court, Thane, raising the identical dispute.;