NAVODAYA VIDYALAYA Vs. K R HEMAVATHY

JUDGEMENT

(1.) THE appellant is a registered society running navodaya vidyalayas. It is an instrumentality of the central government. For recruitment, it has its own rules and sanctioned cadre. It is aggrieved by the order dated September 22, 1999 passed by the learned single judge confirming the award dated March 22, 1994 passed by the central government industrial tribunal directing reinstatement of the respondent with 50% back wages and continuity of service.

(2.) IT is not in dispute that the respondent was appointed on temporary basis against a permanent post of lower division clerk. As per clause (4) of the memo dated January 26,1988, initially the appointment was for 89 days. Accordingly, her services stood terminated on the 89th day. However, since no regular appointment could be made by that time, again on April 30, 1988, she was re-appointed for another period of 89 days which came to an end on the forenoon of July 27, 1988 as clearly stipulated in clause (4) of the memo dated April 30, 1988. On July 28, 1988, again she was reappointed pursuant to order dated july28, 1988 on a temporary basis till October 11,1988. Ultimately, on October 15. 1988 she was relieved from service.

(3.) IT is not in dispute that regular appointment has already been made by following the rules of recruitment. Subsequent thereto, the respondent raised an industrial dispute before the state labour court but since appropriate government was the central government, therefore the state labour court rejected the reference. Subsequently, reference was made to the central government industrial tribunal-cum-labour court, which, under its order dated March 22, 1994, took the view that though there were intermittent disruptions but she will be deemed to have worked for 240 days in a year and since her services were terminated without giving any compensation as provided under Section 25-f of the Industrial Disputes Act, 1947 (in short the 'act') therefore her termination was bad. The said order has been affirmed by the learned single judge.