A Complaint in The Labour Court

A COMPLAINT IN THE CABLUR COURT
IN THE COURT OF THE JUDGE, LABOUR COURT, PUNE

AT PUNE
Complaint No. ULP /…. /200….

Shri Bhagwantrao Anandrao Zerokar, )
Age 33 years, occupation- service, ) … Complainant
Resident of 420 Kasba Peth, Pune 411 011. )
Versus
1. The Joint Director of Technical Education, )
Regional Office, 412-E, Shivajinagar, )
Pune 411 016. ) …Respondents
2. The Principal, )
Government Polytechnic, Ganeshkhind, )
Pune 411 007. )
A COMPLAINT OF UNFAIR LABOUR PRACTICE

U.S 28(i) READ WITH ITEM NO . 1 (a), (b), (d) & )f)
OF THE SCHEDULE IV OF THE MAHARASTHRA
RCONGINITION OF TRADE UNIONS &
PREVENTION OF UNFAIR LABOUR PORACTICES
ACT 1971.
The complainant abovenamed most respectfully submits this complaint,

praying to state as follows :
1. That the complainant has filed this complaint in the capacity of an
individual employee of the respondents.
2. That the respondents have engaged themselves in unfair labour
practice under Item No. (a), (b), (d), and (f) of the Schedule IV of the
MRTU & PULPAct 1971, on …………, when the respondent No. 1
has proposed to discharges the complainant form services for no
reasons.
3. That unfair labour practice in which the respondents have engaged or
are engaging as under :
(i) That the complainant is duly qualified as a Motor Mechanic. After
passing the SSC (X) Examination, the complainant has also the
certificate course of Motor Mechanic from the Industrial Training
Institute, Aundh, Pune, and he is having sufficient experience of
motor repairs.
(ii) That the complainant has enrolled his name with the sub-Regional
Employment Exchange, Pune, The said Employment Exchange
recommended the name of the complainant to the Government
polytechnic, Pune, i.e. the respondent No. 2, for the post of a
Motor Mechanic, in its Workshop Department.
(iii) That the respondent No. 1 being the appointing authority, the
complainant was so appointed, and thereafter, the complainant
worked there only for a period of 11 months, when his services
were terminated by the respondent No.1, on the recommendation
made the respondent No.2.
(iv) That at the time of the said termination, this complainant was given
to understand that the said appointment was only for that period,
and the same could not be continued further.
(V) That, thereafter, again, the said Employment Exchange
recommended the name of the complainant to the respondents for the
post of an Engine Assistant, and after his interview and technical test, on
………, the complainant was selected and appointed as an Engine
Assistant with effect from …….
(vi) ) That, thus, the complainant joined his duties at the institute of the
respondent No. 2 on………….., and since then, he has been working on
the said post and at the same place.
(vii) That the complainant was appointed for a period of five and a half
months, and that, too, temporarily. He was appointed on various
conditions, and the total number of such conditions was fifteen. The
main condition laid down in the appointment-order is that the post
against which the complainant is appointed would be filled in by the
candidate recommended by the Regional Selection Board. However, till
today, no candidate from the said Regional Selection Board has been
recommended, and in he near future also, there is no possibility of getting
any candidate from the said Board.
(viii)That the post against the complainant is working is a clear vacant
post. The work attached to the said post is of a continuos nature. The
complainant is selected through proper channel. Under the
circumstances, the services of the complainant are required in the
institute of the respondent No. 2. s
(ix)That the complainant has now realized and understood that after the
expiry of the appointment –order, he will be discharged from service.
4. That the complainant submits that the proposed discharge and
termination of service is illegal and unjustified.
5. That the complainant also submits that he belong to the Other
Backward Class, and the age-limit prescribed for the Government
service is 35 years, and hence, after two years, the complainant will
cross that age-limit, and then, the doors of employment will be closed
for the complainant.
6. That under such circumstances, the proposed dismissal of the
complainant is by way of victimization not in good faith but
colourable exercise of the employer’s rights. It is for patently false
reasons. It is utter disregard for the principles of natural justice in
conduct of domestic enquiry and with undue haste. The proposed
punishment is shockingly disproportionate. Thus, it is a case of unfair
labour practice which prevention.
7. That the complainant desire to reply upon the service record and any
other document that may be necessary.
8. That the complainant also desires to examine himself and any other
persons that may be necessary.
9. That the complaint is within time.
10.That it is, therefore, prayed that necessary enquiry be kindly made,
and it may be declared that the respondents have engaged in unfair
labour practice, and the respondents may be directed to cease and
desist from engaging in unfair labour practices, and the complainant
may be granted the relief as under :
(i)An ad interim relief mat be granted ;
(ii) The respondents may be directed not to dismiss the complainant from
services, and if dismissed, to reinstate the complainant with continuity of
service and full back wages;
(iii)Any other just and equitable relief may be granted.
11.That the complainant craves leave to add, alter or amend the
complaint, as and when required.
Pune, [BHAGWANTRO ANANDRAO ZEROKAR]
Dated : …….. COMPLAINANT
ADVOCATE FOR THE COMPLAINANT
VERFICATION
I, Shri Bhagwantro Anandrao Zerokar, the present complainant, do
hereby state on solemn affirmation that the contents of this complaint in
paras 1 to 11 are true and correct to the best of my knowledge and belief,
and so, I have signed hereunder at Pune the date first abovementioned.
[ BHAGWANTRO ANANDRAO ZEROKAR ]

COMPLAINANT

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A COMPLAINT IN THE CABLUR COURT

IN THE COURT OF THE JUDGE, LABOUR COURT, PUNE

Complaint No. ULP /…. /200….

A COMPLAINT OF UNFAIR LABOUR PRACTICE

The complainant abovenamed most respectfully submits this complaint,

ADVOCATE FOR THE COMPLAINANT

[ BHAGWANTRO ANANDRAO ZEROKAR ]

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