ADULT TRAINING CENTRE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner-Adult Training Centre (School) for the Blind, Ahmedabad has filed this petition under Article 226 of the Constitution of India and the prayer has been made for setting aside the communication dated 19th July 1996 at Annexure-'C' of the respondent-State under which the respondent No. 2 declined to give grant to it in respect of two employees mentioned therein.

(2.) The facts of the case in brief are that the petitioner is a Society registered under the Societies Registration Act, 1860. It is also a Public Trust registered under the Bombay Public Trust Act, 1950. Two persons one Khimajibhai Ramabhai and Laxmanbhai Shivjibhai were engaged by the petitioner as attendants in the year 1984 on purely ad hoc basis on fixed salary. It is not in dispute that these two persons were engaged by the petitioner without any selection or without following any procedure as laid down for recruitment for the post. It is also not in dispute that these persons were paid fixed salary by the petitioner from its own fund. It is also not in dispute that the daily wages appointments were made without prior approval or sanction of the State Government. However, it is made clear that as these appointments were not made against the sanctioned grant-in-aid posts and no sanction or approval of the State Government requires for making of the same. These two persons approached Industrial Tribunal at Ahmedabad by filing application under Section 33-C (2) of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act") praying for regularisation in service and to give them regular pay-scale. During the pendency of these proceedings these two persons were continued to work in the Institution. It is not in dispute that the State Governm'ent or the Director of Social Welfare Department was not a party to the proceedings initiated by those two persons under Section 33-C(2) of the Act. The parties to those proceedings had arrived at settlement on 20th October 1994 which was produce before the Industrial Tribunal on 12-12-1994 with a prayer to decide the matter in terms of settlement and as per the settlement aforesaid, the petitioner has agreed to regularise the services of the said two employees and to give them regular pay-scale of attendant, i.e. Rs. 750-940 with effect from 1-1-1993. In terms of the settlement the proceedings initiated by these two persons under Section 33-C(2) of the Act accordingly an order has been passed by the Industrial Tribunal on 23-12-1994.

(3.) Reply to the Special Civil Application has been made by the respondent. The facts which are not in dispute are that the respondents accorded permission for eleven posts of different categories only for which the State Government agreed to give grant. Sanction for 8 posts was given under the order dated 10-3-1969. Under the order dated 27-12-1978 further sanction of three posts is given.