ZILLA PARISHAD GADCHIROLI Vs. CHANDRAMALA

JUDGEMENT

(1.) Rule with the consent of the parties made returnable forthwith and heard.

(2.) This petition filed under Articles 226 and 227 of the Constitution of India takes exception to the order dated 28th August, 2010 passed by the Industrial Court, Chandrapur in Complaint U.L.P. No. 26/2010, by which the interim application filed by the respondent herein under section 30 (2) of The M.R.T.U. and P.U.L.P. Act, 1971 came to be allowed and the order dated 15-2-2010 came to be stayed till disposal of the Complaint U.L.P. No. 26/2010 filed by the respondent.

(3.) The facts necessary to be cited for adjudication of the above petition are stated thus. The petitioner is the Zilla Parishad, Gadchiroli and insofar as its Public Health Department is concerned, it is governed by the directions issued by the State Government, as regards the staffing pattern. The respondent herein was working as Health Worker at the Health Unit Deulgaon in Gadchiroli District. It appears that in view of the new staffing pattern, which was brought into force by the Government Resolution dated 6-8-2007, 32 posts including the post held by the respondent were abolished. In view of the abolition of the posts of the petitioners, the petitioners issued an order of absorption dated 30th May, 2008 absorbing the respondent No. 1 at another place namely at Gumalkonda/Ankisa/Sironcha. This was done with a view that the services of the respondent might not come to an end. Similarly, the petitioners sought to accommodate the other employees working in the various health centres. The petitioners thereafter issued a relieving order dated 15-2-2010 through its Medical Officer of the concerned Medical Centre, relieving the respondent from the said Centre at Deulgaon so as to join the said Centre at Gumalkonda. Since the respondent refused to accept the relieving order, the same was sent by post, which she received on 26-6-2010. It appears that on receipt of the said relieving order dated 15-2-2010 the respondent herein filed Complaint U.L.P. No. 26/2010 challenging the relieving order as an order of transfer invoking Items 3, 5 and 9 of Schedule IV of the M.R.T.U. and P.U.L.P. Act, 1971.