MUMTAJ KHAN Vs. KRISHI UPAJ MANDI SAMITI

JUDGEMENT

(1.) Being aggrieved by the order dated 31.05.2003, wherein the petitioner was removed from the service of Electrician cum Pump Attendant (for short 'the EPA') on the ground that the petitioner did not possess the requisite certificate of ITI (electrical) for appointment on the post of EPA. Before the termination order was passed, the petitioner preferred another writ petition being W.P. No. 1808 of 2003 seeking a direction to the respondent-Mandi Board for treating the petitioner as regular employee since 07.11.1981 and to giveall consequential benefits and seniority and also compensation for sufferance on account of not regularizing his services. Thus, both the above writ petitions are being considered and decided by this common order.

(2.) The facts, in brief, as projected by the petitioner are that the petitioner was initially appointed on 05.06.1981 (Annexure P/1 to W.P. No. 238/2003) as Assistant Mechanic on temporary basis. Thereafter, he was appointed as EPA against the regular vacancy temporarily on the pay scale of Rs. 169-300/- p.m. Services of the petitioner was terminated by order dated 07.07.1982. A dispute was raised before the Labour Court. The Labour Court by order dated 26.04.1989 allowed the application and directed reinstatement of the petitioner with full back wages. The petitioner was consequently reinstated by order dated 22.12.1990 (Annexure P/4 to W.P. No. 238/2003). However, against the award dated 26.04.1989 passed by the Labour Court, a writ petition being M.P. N. 3660/1990 was filed by the respondent/Mandi before the High Court of Madhya Pradesh at Jabalpur. The High Court, by order dated 31.10.1994 (Annexure P/6 to W.P. No. 1808/2003), dismissed the petition holding that the respondent-Mandi was bound to comply with the mandatory provisions of Section 25-F of the Industrial Disputes Act, 1947, which was not done. However, on the question of non-possession of the requisite certificate by the petitioner, it was directed that some time may be granted to the petitioner to produce the certificate within a particular date.

(3.) According to Shri Pali, learned counsel appearing for the petitioner, for the first time, the qualification was prescribedfor EPA by order dated 27.05.1995 i.e. Higher Secondary School Certificate and I.T.I. certificate in Electrical. The petitioner had obtained wireman certificate which was produced before the Director, Mandi Board. The respondent No. 2 allowed the representation of the petitioner observing that the petitioner had stated in his representation that he had obtained the requisite certificate and as such, the petitioner be regularized w.e.f 16.09.1997, on the post of EPA as there was no post of Assistant Mechanic. Pursuant thereto, the petitioner was appointed by order dated 01.07.1999 (Annexure P/17 to W.P. No. 1808/2003) on the post of EPA with a direction that the requisite certificate on the condition that the petitioner has to produce educational certificate of Higher Secondary and other certificates. The petitioner supplied the Higher Secondary School Certificate and a certificate of Wireman, however, the petitioner could not produce the requisite certificate of I.T.I. (electrical). Thus, by the impugned order dated 31.05.2003 (Annexure P/23 to W.P. No. 1808/203), he was terminated from service. Thus, these petitions.