Court Orders TMTU to Maintain Services for 30 Employees

Court Orders TMTU to Maintain Services for 30 Employees.webp


Thane, February 11 In a relief for contract workers, an industrial court here has directed the Thane Municipal Transport Undertaking (TMTU) to continue the services of 30 workers, observing that an employer cannot unilaterally alter service conditions during the pendency of a legal dispute.

The Thane Industrial Court issued the ruling on February 2, but the order became available on Wednesday. The order, passed by Industrial Court member S Z Sonbhadre, came in response to a complaint filed by the Maharashtra Municipal Kamgar Union (MMKU).

The union challenged a notice from the TMTU dated January 27, 2026, which informed workers that their services for cleaning and sweeping at bus depots would no longer be required after February 1.

The TMTU argued that the complaint was not maintainable as the workers were engaged through a contractor, Arya Enterprises, whose contract expired on January 31.

However, the court noted that a separate reference seeking permanent employment benefits for these workers is already pending before the Industrial Tribunal.

Crucially, the court highlighted discrepancies in the TMTU's claims, noting that while the tender was for inducting only 11 workers, 31 were actually engaged. "The respondent (TMTU) is not presenting a clean case before the court and is withholding information from the Court," it observed.

The court further noted that the TMTU is not justified in terminating the services of 31 workers.

Invoking section 33 of the Industrial Disputes Act, which mandates maintaining the status quo during pending proceedings, the court remarked, "The action on the part of the respondent, in effecting termination of service of the workmen, amounts to unfair labour practice."

The court directed the TMTU to continue the services of the 30 employees either as temporary workmen or through an agency during the pendency of the complaint. However, it clarified that this interim continuation "will not grant any benefits to the complainant union or to the workers to claim a direct contract of employment with the respondent."
 
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contract workers industrial court industrial disputes act maharashtra municipal kamgar union service termination thane municipal transport undertaking workmen's rights
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