1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9792 OF 2010 The Chief Officer, Pen Municipal Council, Pen & anr. ... Petitioners v/s Yogesh Vasant Patil ... Respondent Mr.P.N.Anaokar for the petitioners. Mr.K.S.Bapat for the respondent No.1. CORAM: SMT.NISHITA MHATRE, J. DATED: 22ND DECEMBER, 2010 P.C.: 1. The petitioners have approached this Court against an order of the Industrial Court passed on 23.8.2010 in Complaint (ULP) No.29 of 2004. The petitioners contend that an advertisement was issued by the State Government to appoint the employees only from surplus staff in accordance with further conditions stipulated by the Government. Admittedly, there was no surplus staff available for the appointment when the respondent No.1 was appointed. After following the selection procedure, the petitioners appointed 2 the respondent No.1. That appointment was against a sanctioned post as admitted by the Chief Officer in his evidence. The procedure of calling for applications from the employment exchange including the interviews of candidates, etc. was followed by the petitioners. 2. In my opinion, the Industrial Court has committed no error by allowing the complaint and concluding that the petitioners have committed an unfair labour practice under Item 1 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971. 3. Writ petition rejected. ..... 3