JOINT DIRECTOR OF HEALTH SERVICES OFFICE OF DIRECTORATE HEALTH SERVICES PUNE AND Vs. VILAS DATTATRAYA PINGALE

JUDGEMENT

(1.) THIS writ petition under Article 227 of the Constitution of India impugns an order dated 6th march, 1990 passed by the Industrial Court, Pune in Revision Application (ULP) No. 53 of 1989 confirming the order dated 18th March, 1989 made by the Labour Court, Pune, in Complaint (ULP) No. 32 of 1984, both 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 Respondent was appointed as a Statistical Assistant (VS) in the health Service department from 26th May, 1982. He was then transferred to the Office of the Deputy Director of Health Service with effect from 7. 9. 1982. He was once again transferred to the office of the joint Director of Health Services from 21. 9. 1982 as a Computer Co-ordinator in the grade 335-680 in which he was drawing salary of Rs. 900/- per month as a permanent employee. On 7. 1. 1984 the Respondent was served with an order issued by the Joint Director or Health services terminating his service with effect from 31. 1. 1984. The Respondent challenged the order of termination of his service before the Labour Court, Pune, by his Complaint (ULP) No. 32 of 1984 alleging unfair labour practice under Items 1 (a), (b), (f) and (g) of Schedule IV of the act. The Labour Court tried the complaint and held that the complaint was tenable and within limitation and further recorded a finding that the termination of service of the Respondent amounted to unfair labour practices under Items 1 (b) and (f) of Schedule IV of the Act. The labour Court declared that the petitioner had engaged in unfair labour practices within the meaning of Items (a), (b) and (f) of Schedule IV of the Act and directed reinstatement with continuity of service and full back wages from 31. 1. 1984.

(3.) BEING aggrieved by the order of the Labour Court, the petitioners moved Revision application (ULP) No. 53 of 1989 before the Industrial Court under section 44 of the Act. By the order dated 6th March, 1990, the Revision Application was dismissed by the Industrial Court which confirmed the order of the Labour Court. Being aggrieved, the Petitioners are before this court by the present writ petition.