1. This petition takes an exception to the judgment and order dated 12.3.2008 passed by the Industrial Court, Nagpur in Complaint (ULPA) No. 97/2003. By the said judgment and order, Industrial Court allowed the complaint filed by the respondent under Section 28 of the Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, 1971 (For short "Act of 1971") and declared that petitioner has indulged in unfair labour practice under Items 5, 7 and 9 of Schedule IV of the Act of 1971 and shall cease and desist from continuing the unfair labour practice.
2. The facts giving rise to the petition may be stated in brief as under :
"(i) Petitioner is a registered company under the Companies Act and is publishing daily newspapers from Nagpur. Petitioner-company is an industry within the meaning of Section 2(j) and complainant is a workman under section 2 (s) of the Industrial Disputes Act, 1947.
(ii) Respondent was appointed with effect from 25.5.1984. As the appointment order was issued in the name of M/s. Goldi Advertising and Marketing Services (P) Limited, respondent filed Complaint (ULP) No. 459/1988 before the Industrial Court claiming that his employment was under petitioner-company and the pay-scale applicable to the post of Junior Clerk was as per the Bachhawat Award. The said complaint was allowed on 21.4.1998. The litigation was contested up to the Hon'ble Supreme Court. Vide judgment and order dated 22.4.1999 in S.L.P. filed by petitioner-management against the order of the Division Bench of this court in L.P.A. No. 219/1998, the Hon'ble Supreme Court confirmed that complainant was in employment of Lokmat Newspaper Private Limited with effect from 11.4.1988.
(iii) During pendency of complaint, complainant was put under suspension with effect from 21.12.1993, vide letter dated 16.12.1993 issued by Managing Director, Goldi Advertising and Marketing Services Limited. The suspension of complainant was revoked from 21.12.1999 and he was posted in RRD and Library Section. Complainant was working as a Librarian on higher pay-scale. Thereafter, he was transferred to the Circulation Department as a Junior Clerk.
(iv) Complainant then made representations and petitioner-management issued an appointment order to respondent dated 15.6.2002 in the pay-scale prescribed as per Manisana Award made applicable to petitioner-company. According to complainant, he was entitled to pay-scale with effect from 18.4.1988 as per Bachhawat Award.
(v) Respondent then filed Complaint (ULP) No. 699/2001 on the basis of equal work equal pay and Complaint (ULP) No. 97/2003 under Section 28 read with Items 5, 7 and 9 of Schedule IV of the Act of 1971.
(vi) The grievance of complainant in complaint was regarding denial of promotion out of vengeance, as he was claiming to be employee of petitioner-company and not the employee of M/s. Goldi Advertising and Marketing Services (P) Limited. According to complainant, petitioner-management had deliberately shown him under the employment of M/s. Goldi Advertising and Marketing Services (P) Limited. The persons employed after the complainant were given promotions every two years of the service. In his case, despite orders from the Hon'ble Supreme Court, complainant was not given his rights and was appointed on the post of Junior Clerk with a view to victimize the complainant, as he raised grievance against the management. It was submitted that complainant ought to have been promoted as a Senior Clerk in 1991, Assistant Circulation Officer in 1994, Circulation Officer in 1997 and, thereafter, as Circulati........