T RAJAN Vs. STATE

JUDGEMENT

(1.) J. Rajan, a discharged employee of the Kerala State Science and Technological Museum, Trivandrum, the respondent No. 2 herein, has instituted this petition under Article 226 of the Constitution of India for a writ of mandamus or any other appropriate writ or direction compelling the District Labour Officer, the respondent No. 3 herein, to initiate conciliation proceedings under Section 12 of the Industrial Disputes Act in regard to the termination of his services, a direction quashing the order of termination made by the respondent No. 2 on November 5, 1986 (Ext. P3), the order of the Government of Kerala, the respondent No. 1, dated July 29, 1989 rejecting his application for reinstatement (Ext P6) and the order of the respondent No. 3 dated September 20, 1989 (Ext. P7) rejecting the prayer for initiation of proceedings for reconciliation under the Industrial Disputes Act.

(2.) ON the arguments advanced by counsel, two points arise for consideration:

(3.) THE petitioner was appointed as a Watchman in the office of the respondent No. 2 on June 27, 1983. By an order dated November 5, 1986 the respondent No. 2 terminated the services of the petitioner in view of certain complaints. Having regard to the questions urged in this case, it is unnecessary to go into the merits of the accusations in the complaint. As the memorandum of association and Rules and Regulations of the Museum reveal, the museum is a society registered under the Travancore-Cochin Literary Scientific and Charitable Societies Registration Act. Its objects are (f) dissemination of scientific literacy among all sections of the society, (ii) highlighting the natural resources and industrial potential, progress in industrialisation, and the research and development activities in India, (iii) stimulate scientific and innovative thoughts in the youth, (iv) to hold mobile science exhibitions, (v) to organise and conduct science programmes such as literacy research in the history of science, (vii) develop the museum as a training centre in Museum Technology and practice, (viii) award degrees and diplomas and so on. In a nutshell the object of the society is to stimulate and encourage scientific literacy among the masses. The governing body of the society composed of 17 members consists of 9 officers of the State Government like Secretaries to Government, the Director of Technical Education and so on. The Minister of Education is the Ex-officio Chairman. The remaining 7 members consist of three Principals of colleges, the Director of National Council of Science Museums, a Professor from Birla Institute of Technology and Science, Director of Aerograph, Vikram Sarabhai Space Centre and the Special Officer of the Museum. Rules and Regulations governing the museum provide for appointment of officers and other employees, maintenance of books of account, exercise of control and discipline over the employees of the museum, appointment of delegates to represent the museum in conferences in India, establishment of libraries and purchase of scientific material, institution of scholarships, prizes and trophies. The funds of the museum consist of grants from contributions from national and international agencies and other collections. The G. O. (MS) 150/86/h. Edn. dated June 11, 1986 issued by the Higher Education Department of the Government of Kerala notified that the Kerala State Science and Technology Museum is "an autonomous organisation established by the Government for popularisation of science through non-formal science education programmes," and accorded sanction under Rule 14 of the Government Servant's Conduct Rules, 1960 to the Director of Public Instruction, Director of Technical Education, Director of Collegiate Education and Director, Kerala State Science and Technology Museum to raise funds for the museum by way of voluntary contributions. Another order G. O. (MS) No. 56/85/h. Edn, dated March 19, 1985 recognised the museum as an institution of higher education and scientific research for administrative purposes. The business of the Museum is carried on by the Board of Governors. It is not governed by regulations framed by the Government.