1507wp2106.11.odt 1 THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO.2106 OF 2011. Bholaprasad Bansilal Thakur and ors. ..vs.. The Execiutive Engineer PWD and anr. ............................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ............................................................................................................................................................... Mr. MPM Pillai, Adv. for the petitioner. CORAM : R.M.SAVANT, J. DATED : 15th July, 2011. 1. The above petition filed under Articles 226 and 227 of the Constitution of India takes exception to the judgment and order dated 14/12/2010 passed by the learned Member of the Industrial Court, Nagpur, by which the Complaint ULP No.500 of 1990 filed by the petitioners herein under Items 6 and 9 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 came to be dismissed. 2. The petitioners had invoked the provisions of the said Act for claiming the benefit of Converted Regular Temporary Establishment (CRTE) which was, according to them, wrongly denied to them. The said complaint ULP was tried by the Industrial Court. The parties led evidence in support of their respective cases. 3. In so far as the respondents are concerned, they produced the Muster Register wherein the names of the above 1507wp2106.11.odt 2 petitioners were shown. The Industrial Court considered the material on record; especially the Register which was numbered as Exh.74, on the basis of which it recorded a finding that the complainants nos.1 to 13, 15, 19, 21 and 23 i.e. the petitioners herein, were employed under the Employment Guarantee Scheme (EGS). The Industrial Court further recorded that there is a specific mention of the name of the Scheme and the period of employment in the said register, and therefore, according to the Industrial Court, it was manifest that the complainants were employed under the Employment Guarantee Scheme for construction and maintenance of different roads of Narkhed division and they were paid wages as per Employment Guarantee Scheme. Since the employment Guarantee Scheme is not an Industry, the Kalelkar Award in so far as CRTE is concerned, was not applicable to it. In the said circumstances, the Industrial Court held that the relief sought in the above complaint could not be granted and resultantly dismissed the complaint. 4. It is the contention of the learned counsel for the petitioners states that no material was produced by the respondents in terms of Section 3 and Sections 7 and 8 of the Employment Guarantee Scheme Act, 1977. The said submission is misfounded as the said provisions govern the implementation of the Scheme. In so far as the petitioners are concerned, a finding of fact has been recorded by the Industrial Court on the basis of the material on record that the petitioners were working the the Employment Guarantee Scheme which merits no interdiction at the hands of this court. 5. Having perused the impugned order passed by the Industrial Court and the findings recorded therein, in my view it 1507wp2106.11.odt 3 cannot be said that the findings recorded are perverse or there is any illegality or infirmity in the order passed by the Industrial Court. In that view of the matter, no case for interference is made out. The Writ Petition is accordingly dismissed. JUDGE chute