CHIEF OFFICER NAGAR PARISHAD Vs. PRATIBHA PRADIP GAIKWAD

JUDGEMENT

(1.) Rule, with the consent of the learned Counsel for the parties made returnable forthwith and heard.

(2.) This petition takes exception to the or-der dated 22/3/2011 passed by the learned Member of the Industrial Court, Yavatmal whereby the revision application filed by the respondent herein came to be allowed and the respondent was directed to be reinstated till the decision in the Complaint (ULP) filed by her.

(3.) The respondent herein is the wife of one Pradip Sadashiv Gaikwad, who was ini-tially appointed in the Construction Depart-ment of the Municipal Council on the post of Coolie and lastly working in the Health De-partment of the Municipal Council. The hus-band of the respondent died on 20/7/2005 while so working. As per recommendations of the Committee, known as Lad Committee, the respondent herein was appointed on the post which fell vacant on the death of her husband. The respondent accordingly joined in the post of Sweeper/Coolie in the Health Department of the Municipal Council on 4/ 11/2009. Thereafter on 19/12/2009, the service of the respondent came to be termi-nated on the ground that the respondent was not entitled to such appointment as per the recommendations of the Lad Committee as the said recommendations would not be ap-plicable to a person working in the Construc-tion Department. This triggered off the re-spondent in filing Complaint (ULP) No. 2/ 2010 challenging the said termination dated 19/12/2009.