MAHARASTRA SHIKSHAN MANDAL Vs. SUNITABEN MADHAV KELKAR

JUDGEMENT

(1.) BY way of this petition under Article 227 of the Constitution of India, the petitioner, a private charitable trust, seeks to challenge award dated 19.1.2001 passed by the Presiding Officer, Labour Court, Ahmedabad in Reference (LCA) No.2153 of 1993 and thereby the Labour Court, Ahmedabad allowed the reference of the respondent-workman directing the petitioner to reinstate the respondent in service with full backwages from the date of the reference.

(2.) THE facts shortly stated are as under :- THE petitioner is a trust registered under the Bombay Public Trusts Act, 1950. THE trust is engaged in the activity of imparting education. It appears that the petitioner appointed the respondent as a part-time clerk of the Mandal on 25.6.1991. One of the terms of the appointment is that the same is temporary. It appears that on 26.6.1992, the petitioner informed the respondent that she has completed one year's service on 13.6.1992 and during the period of her appointment and completion of one year, the work was found to be satisfactory. THE Executive Body, therefore, decided to appoint the respondent on permanent basis as a part-time clerk. THE respondent was also informed that her pay from 1.7.1992 would be Rs.450/- per month. It appears that all of a sudden vide Resolution No.10 of the Governing Body meeting of the petitioner-trust dated 14.3.1993, the post of part-time clerk of the Mandal came to be abolished w.e.f. 16.8.1993. THE trust resolved that the services of the respondent as part-time clerk are, therefore, not required and her services were ordered to be terminated w.e.f. 16.8.1993. A cheque for the amount of Rs.450/- dated 14.8.1993 towards one month's notice pay was also issued in favour of the respondent. A cheque dated 14.8.1993 for the amount of Rs.450/- towards the salary for the month of July, 1993 and a cheque dated 14.8.1993 for Rs.225/- towards half month's salary of the current period i.e. August 1993 was also issued in favour of the respondent. At this stage, the respondent approached the Labour Court challenging retrenchment from service. THE Labour Court, Ahmedabad vide award dated 19.1.2001 ordered the petitioner-trust to reinstate the respondent with full backwages. THE trust being aggrieved of the aforesaid award of the Labour Court preferred Special Civil Application No.1456 of 2003 challenging the legality and validity of the award passed by the Labour Court.

(3.) LEARNED advocate Mr VM Dhotre vociferously opposed this particular contention of the petitioner on the ground that at no stage this plea has been taken up. According to Mr Dhotre, this was never the contention before the Labour Court and even in the writ petition this is not the ground which has been raised by the petitioner.