- (1.) THIS Writ Petition pertains to 12 complaints filed by the workers of the Maharashtra state-Co-operative Cotton Growers Marketing Federation Ltd. , the 1st respondent herein under section 28 (1) of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour practices Act, 1971. The workers are the petitioners herein. It is their case that they have been working with the 1st Respondent-Corporation since its inception and even prior thereto, with the predecessor in title of the 1st respondent, viz. the Maharashtra State Co-operative Marketing federation Limited, which is respondent No. 3 herein. Their services were treated as those of seasonal workers by the respondents. Accordingly letters to termination were issued to the petitioners terminating their services as from 31st December, 1988. This notice of termination was challenged in the complaints as illegal and contrary to law.
(2.) THE Government of Maharashtra appointed the Maharashtra State Co-operative Marketing federation Limited as the Chief agent in the Cotton Monopoly Schemes under the provisions of section 42 of the Maharashtra Raw Cotton (Procurement, Processing and Marketing) Act, 1971. In February, 1984 the Government took away the activity of levy or procurement of cotton from the Marketing Federation and assigned it to another Federation viz. the Maharashtra State co-operative Cotton Growers' Marketing Federation which is the 1st respondent. By various orders passed in 1984, which I need not go into, the permanent employees of the Marketing federation engaged in the Cotton Monopoly Scheme were transferred to or absorbed in the 1st respondents that apart from their regular employees they also require seasonal employees who are required during the cotton procurement season only in connection with their work. The petitioners, according to the respondents, are such seasonal employees who are employed from year to year only during the cotton procurement season.
(3.) IN respect of the employees of the Co-operative Marketing Federation an Award bearing No. 213/73 was given which is known as the Patankar Award under which the Marketing Federation has been directed to make permanent such of the workers who have put in continuous service of 240 days in a year. According to the petitioners since the 1st respondent Corporation is successor in title to the Marketing Federation this award continues to apply to the employees of the 1st respondent - corporation also. They contend that they have put in continuous service of more than 240 days in a year. Hence they must be considered as permanent employees of the 1st respondent - corporation and their services should not be terminated as has been done.;