Give sweeper permanency benefits: court to BVP

Twenty-two years after her job as a sweeper was illegally terminated by the Bharati Vidyapeeth in Pune, the Industrial Court at Pune directed the university to give her permanent employee benefits from her date of joining in November 1993.

Laxmi Jadhav joined work as a sweeper in the girl’s hostel in Bharati Vidyapeeth on November 25, 1993. On December 1, 1996, she was told her services were no longer required.

Unhappy with her dismissal, she lodged a complaint in the Labour Court in Pune under The Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971.

On November 29, 2004, the court directed Bharati Vidyapeeth to reinstate Ms. Jadhav with continuity of service and full back wages. Instead of doing so, the university issued her an appointment letter on December 28, 2005, which wrongly stated that she has been appointed as a skilled worker on daily wage basis from December 1, 1996.

The court recorded, “This act on the part of Bharati Vidyapeeth is patently illegal. Only with an intention to deprive Ms Jadhav of the benefits of permanency, the university issued an illegal order of appointment on daily wages to Ms Jadhav. In such appointment order, the university has inserted one more condition that the services of the university are liable to be transferred to any branch of the Vidyapeeth.”

S.V. Suryawanshi, member, Industrial Court, held, “The act on the part of Bharati Vidyapeeth amounts to employing Ms. Jadhav as temporary with intention to deprive her of the status and privilege of a permanent employee. The university has discriminated Ms Jadhav against other sweepers working in the gents’ hostel of the university. It has also filed to implement the award passed by the Labour Court and this amounts to unfair labour practices.”

The court directed the university to accord benefits of permanency to Ms. Jadhav for 241 days from November 25, 1993 at par with the permanent sweepers.