LAXMAN TATYABA KOREKAR Vs. CHIEF EXECUTIVE OFFICER PUNE

JUDGEMENT

(1.) THIS writ petition, under Articles 226 and 227 of the constitution of India, impugns an order of the Industrial Court dated 5th January,1989, made in complaint (ULP) No. . . . (Sic ). . . . . . of 1983 under the provisions of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as 'the Act' ).

(2.) THE first Respondent is the Chief Executive Officer of the Pune Zilla Parishad constituted under the provisions of the Maharashtra Zilla Parishads and panchayat Samitis Act, 1964. The second respondent is the Block Development officer of the Panchayat Samiti at Ambegaon.

(3.) THE Petitioner was appointed as a Tailoring Instructor at Panchayat Samiti,dhond, under the jurisdiction of the Pune Zilla Parishad. Though he was given the scale of Rs. 260-495 plus Dearness Allowance, he was paid only a consolidated salary of Rs. 350/- per month. His service was stated to be temporary for a period of one year from 1st November, 1966 to 31st October, 1967. Despite the purported temporary character of the Petitioner's employment, the Petitioner was deployed from one Panchayat Samiti to another and actually worked for an unbroken period of 17 years till or about February 1983. On 9th February, 1983, his service was terminated on the ground that it was no longer needed. There are allegations and counter allegations with regard to the circumstances surrounding the manner in which the service of the Petitioner came to be terminated. For the purpose of the present petition they are not material for reasons to follow.