STATE OF MAHARASHTRA Vs. MEHBOOBKHAN RASOOL KHAN PATHAN

JUDGEMENT

(1.) The petitioner State of Maharashtra has filed this writ petition un-der Article 226 of the Constitution of India, challenging the judgment and order dated 4th December, 2006, passed by the learned Member, Industrial Court, Jalna, in Revision (ULP) No. 73 of 2006.

(2.) The respondent was appointed as driver vide an order dated 11th May, 1994 of District Civil Surgeon, Parbhani, on tempo-rary basis, only for a period of 29 days. Sev-eral terms and conditions were laid in the order, one of them was that the respondent would continue on duty for 29 days; or till regular employee is appointed, whichever occurs earlier. Since, the date of appointment respondent worked continuously till Febru-ary 1999. The Deputy Director, Heath Serv-ices, Maharashtra State, Aurangabad fide his letter dated 24th February, 1999 instructed the Civil Surgeon that "the respondent has put in uninterrupted service of 12 months and so he was entitled to annual increment, as per prevalent rules in respect of tempo-rary appointments of the Government, ben-efits should be given to him." In view of this direction, the respondent was given various benefits including membership of General Provident Fund.

(3.) It so happened that, the Civil Surgeon could not appoint a regular person as driver and respondent continued to work as driver. On 1st February, 2003, the Civil Surgeon terminated his services. The respondent then filed complaint ULP No. 63 of 2003 before the Labour Court, Jama, alleging that ter-mination amounted Unfair Labour Practice and submitted his claim under section 28(1) read with Item l(a)(b)(d) of Schedule IV of the Maharashtra Recognition of Trade Un-ions & Prevention of Unfair Labour Practices Act, 1971 (For short "MRTU and PULP Act"). He claimed that, he was entitled to perma-nency status as per Government Resolution dated 8th March, 1999. The Civil Surgeon opposed this application on various grounds, but the Labour Court allowed the complaint and directed the Civil Surgeon to reinstate respondent in the service with continuity from 1st February, 2003.