ZILLA PARISHAD Vs. ANAND GULAB SURYAWANSHI

JUDGEMENT

(1.) Petitioner No.1 is Zilla Parishad, Ahmednagar and Petitioners No.2 to 4 are the authorities working under the control of the Zilla Parishad, Ahmednagar.

(2.) The Petitioners have challenged Judgment and Order dated nd November, 2012 passed by Member, Industrial Court, Ahmednagar in Compliant ULP No. 64 of 2011.

(3.) Case of the Petitioners is that, the Government of Maharashtra had issued Government Resolution dtd. 16/1/2003, sanctioning staffing pattern for Primary Health Centers i.e. 14 posts for Primary Centers in Tribal area and 13 posts of Primary Centers in Non Tribal. It is directed in the said Government Resolution that, the posts of Drivers, Watchmen and Sweepers, should be filled in on contract basis. Petitioner No.2 - District Health Officer was initially directed, by order dtd. 4/1/2010, to make appointments of drivers on contract basis in the Primary Health Centers through Swayamsiddha Swayam Rojgar Be-Rojgar Seva Sahakari Sanstha Maryadit. Thereafter, the Respondent came to be appointed as driver through the Agency which was appointed by the Petitioners to provide drivers on contract basis. Though the Respondent was appointed through Swayamsiddha Swayam Rojgar Be-Rojgar Seva Sahakari Sanstha Maryadit, during the intervening period, there was change in the agency and a new agency Samarth Sai Enterprises was appointed to provide drivers on contract basis. Even the new agency continued the Respondent on their roll. Accordingly, the Respondent was allowed to work on the same terms and conditions. The tender of the new agency was cancelled, therefore, in view of the cancellation of the tender, the Respondent was relieved from service by order dated 9 th November, 2011.