KARJAN MUNICIPALITY Vs. SHASHIKANT KAMALAKAR SHUKLA

JUDGEMENT

(1.) In both these petitions, the petitioner - Karjan Municipality by way of this petition has challenged the judgment and award of the Labour Court in Reference [L.V.C.] No. 880 of 1999 dated 3rd June, 2002, whereby the Labour Court has directed the petitioner Municipality to reinstate the respondents on their original post with 40% backwages and costs of Rs.1000.

(2.) The case of the petitioner - Municipality is that the respondents were appointed as Clerk vide Office Order dated 24th April, 1998 on temporary basis for a period of three months on a fixed salary of Rs.2,100=00. The said order is annexed at Annexure-B to the petition. The respondents were further continued for a period of three months and ultimately the District Collector, Baroda initiated proceedings under Section 258 of the Municipalities Act and suspended the Resolution of the petitioner - Municipality appointing the respondents on temporary basis. Pursuant to the order of the Collector, Baroda the respondents were relieved from service w.e.f. 25th February, 1999. It is the case of the petitioner - Municipality that on 23rd March, 1999 the Collector, Baroda has restrained them from implementing the Resolution dated 5th August, 1998 and 21st November, 1998.

(3.) The appointment of the respondents was for specific period, therefore, in view of the provisions of Section 2 (oo) (bb), it is not a retrenchment. Therefore, the petitioner-Municipality was justified in relieving the respondents.