MUNICIPAL COMMISSIONER Vs. APARNA ANIL KESARKAR

JUDGEMENT

(1.) Leave granted.

(2.) Heard Mr. C.U. Singh, learned Senior Counsel appearing for the Appellant-Municipal Corporation of Greater Mumbai, which is operating the K.E.M. Hospital in Mumbai. Also heard Mr. B.H. Marlapalle, learned Senior Counsel appearing for the Respondent.

(3.) The Respondent was selected for the post of Laboratory Technician following the interview held on 12/1/1999 and was appointed by the Office Order, dtd. 15/1/1999 (Annexure P1) issued by Director (M.E. & M.H.) K.E.M., Hospital. Her ad hoc appointment was initially for a period of six months or till the Candidate for regular appointment becomes available. Admittedly, the Appellant after her initial six months of appointment with one day break, was re-appointed in the same post on ad hoc basis by the Order, dtd. 17/7/1999 (Annexure P2) for a further period of 16/7/1999 to 15/10/1999 or till Further Orders, whichever is earlier. The service of the Respondent No.1 was discontinued on 31/12/1999 which led to the Complaint filed by her i.e., COM.(ULP) No.53 of 2000 (Annexure P-4) along with two others, under Sec. 28 of the Maharashtra Recognition of Trade Unions & Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as "Maharashtra Ac").