Case Note & Summary
The Voltas Employees Union filed a complaint under Items 9 and 10 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (MRTU & PULP Act) against Voltas Limited and others, alleging unfair labour practices. The dispute arose from a notice issued by the management on 4th December 2001 informing four drivers that their weekly off pattern, which had been Saturdays and Sundays since 1960, was being altered. On 5th December 2001, the management issued a schedule for December 2001 and January 2002, assigning different weekly offs to the drivers: two retained both Saturday and Sunday off, one was given Friday and Saturday off, and the fourth was given Sunday and Monday off. The union contended that this unilateral alteration without complying with Section 9A of the Industrial Disputes Act, 1947 (which requires 21 days notice before changing conditions of service) constituted an unfair labour practice. The Industrial Court dismissed the complaint, holding that the change did not fall under Items 4 or 5 of Schedule IV of the MRTU & PULP Act. The union then filed a writ petition in the Bombay High Court. The High Court allowed the petition, holding that the alteration of weekly offs directly relates to hours of work and leave with wages and holidays, covered by Items 4 and 5 of Schedule IV. The court found that the management's action without notice under Section 9A was illegal and constituted an unfair labour practice. The court set aside the Industrial Court's order and directed the management to restore the previous weekly off pattern or comply with Section 9A.
Headnote
A) Industrial Law - Unfair Labour Practice - Unilateral Alteration of Weekly Offs - Items 4 and 5 of Schedule IV, Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 - Section 9A, Industrial Disputes Act, 1947 - The management unilaterally altered the weekly off pattern of four drivers from Saturdays and Sundays to other days without giving 21 days notice under Section 9A of the Industrial Disputes Act, 1947. The court held that such alteration constitutes an unfair labour practice under Items 4 and 5 of Schedule IV of the MRTU & PULP Act, 1971, as it relates to hours of work and leave with wages and holidays. The Industrial Court's dismissal of the complaint was set aside. (Paras 1-10) B) Industrial Law - Conditions of Service - Notice of Change - Section 9A, Industrial Disputes Act, 1947 - The requirement of Section 9A to give 21 days notice before changing conditions of service applies to alterations in weekly offs. The court held that the management's failure to issue such notice rendered the change illegal and amounted to an unfair labour practice. (Paras 2-8)
Issue of Consideration
Whether the unilateral alteration of weekly offs for four drivers by the management without complying with Section 9A of the Industrial Disputes Act, 1947 constitutes an unfair labour practice under Items 4 and 5 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971.
Final Decision
The High Court allowed the writ petition, set aside the order of the Industrial Court, and held that the unilateral alteration of weekly offs without notice under Section 9A of the Industrial Disputes Act, 1947 constitutes an unfair labour practice under Items 4 and 5 of Schedule IV of the MRTU & PULP Act, 1971. The court directed the management to restore the previous weekly off pattern or comply with Section 9A.
Law Points
- Unilateral alteration of weekly offs without notice under Section 9A of Industrial Disputes Act
- 1947 constitutes unfair labour practice
- Items 4 and 5 of Schedule IV of MRTU & PULP Act
- 1971 cover hours of work and leave with wages and holidays
- Section 9A requires 21 days notice before changing conditions of service
