ZILLA PARISHAD DHULE Vs. RAJENDRA HIRAMAN KHAIRNAR

JUDGEMENT

(1.) THESE three writ petitions under Articles 226 and 227 of the Constitution of India impugn order of the Industrial Court, Nasik, dated 14th October, 1988, made in Revision Application (ULP) No. 137 of 1988, Revision Application (ULP) No. 129 of 1988 and order dated 9th September, 1988 in Revision Application (ULP) No. 135 of 1988. Since the facts are almost identical and issues requiring consideration are also identical, it would be convenient to dispose of these three writ petitions by a common judgment.

(2.) FOR the purpose of appreciating the fact, I shall refer to the facts in Writ petition No. 1368 of 1989. The First petitioner is a Zilla Parishad constituted under the Maharashtra Zilla Parishad Act. The Second petitioner is the Chief Executive Officer thereof. The Respondent was given a letter of appointment dated 24th March, 1986. It stated as follows :

(3.) THE Respondent challenged his removal from service by his Complaint (ULP) No. 112 of 1987 before the Labour Court, Dhule, under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as 'the Act' ). He alleged therein that he had completed more than 240 days of working during the three years and that he was continuously in service during the said three years and that his abrupt removal from service without complying with the provisions of section 25f of the Industrial Disputes Act was an unfair labour practice within the meaning of clause (g) of Item 1 of Schedule IV of the Act. The Labour Court tried the complaint, raised the following issues and answered them as under :