1 WP 2635.1992 - [ J ] IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 2635 OF 1992 Ahmednagar Zilla Parishad, Ahmednagar through its Chief Officer. .... PETITIONER V E R S U S 1. Ahmednagar Zilla Parishad Kamgar Union, Ahmednagar. 2. The Member, Industrial Court, Ahmednagar. .... RESPONDENTS Mr.S.T.Shelke, Advocate instructed by Mr. Patil, Advocate for the intervener. -------------------------------------------------------------------------------------------------------- CORAM : S.V. GANGAPURWALA, J. DATE OF JUDGMENT : 10/08/2011 ORAL JUDGMENT : 1. Heard the learned counsel for the respective parties. 2. The present petitioner assails the Judgment and Order passed by the Member, Industrial Court, Ahmednagar, partly allowing the 2 WP 2635.1992 - [ J ] complaint filed by the Union thereby granting them benefits of permanency w.e.f. 17/3/1988. 3. Mr. S.T.Shelke, the learned counsel for the petitioner submits that the Industrial Court came to the conclusion that none of the employees had worked continuously for 240 days with the respondents. Still the order impugned was passed. According to the learned counsel, the employees had not led any evidence nor could show that they had worked for the requisite days. Even the employees had not worked for 200 days in the year 1987-88. 4. Mr. Patil, the learned counsel for the intervener i.e. the workers/employees submits that the Industrial Court has properly considered all the aspects of the case and has passed the order. It is not necessary that the employees should work for 240 days to get the status of permanency. The employer had engaged in unfair labour practice and with a view to deprive the benefit of permanency, had not allowed the workers to work for 240 days. 5. Mr. S.T. Shelke, the learned counsel for the petitioner placed the Order dated 7/9/2007 on record, wherein it is stated that the petitioner 3 WP 2635.1992 - [ J ] has granted the benefits of the Kalelkar Award to the employees. The list is given in Schedule A and B. As per the impugned Judgment, all the employees were given the benefit. 6. It would be also seen that the employees had not worked for 240 days continuously and they are not entitled for the benefits as given by the Industrial Court. 7. In view of the above, the impugned order is quashed and set aside. The employees are already granted the benefit of the Kalelkar Award as per Schedule A and B. 8. Rule is made absolute in above terms. No costs. [ S.V. GANGAPURWALA,J. ] KNP/WP 2635.1992 - [ J ]