BHAGWAN BHATUTA KOLI Vs. MINISTRY OF HEALTH

JUDGEMENT

(1.) THIS is a writ petition under Article 226 and Article 227 of the Constitution of India which impugns an order dated 19th December, 1989 made by the Labour Court, Dhule, in Criminal complaint (ULP) No. 29 of 1989 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 facts of this writ petition more than amply demonstrate the callousness displayed by public authorities in the implementation of orders of Court.

(3.) THE facts necessary to be noticed for the disposal of this writ petition are: The Petitioner was an employee of the Zilla Parishad, Dhule, posted as a clerk in the Primary Health Centre at dhule. The Petitioner was working as a Clerk in the service of the Zilla Parishad from or about 7-7-1984. On 1-4-1988 the Petitioner's services were terminated. He filed Complaint (ULP) No. 80 of 1988 before the Labour Court, Dhule and sought reinstatement in service. By an order dated 19th May, 1989 the Labour Court held that the termination of the petitioner's service was illegal and that by removing him from service, the Chief Executive Officer, Zilla Parishad, dhule, the District Health Officer, Zilla Parishad, Dhule and the Medical Officer, Primary health Centre, Khapar, Dhule, had engaged in unfair labour practice. The said Officers, who were respondents to the complaint, were directed to reinstate the petitioner in service with continuity and full back-wages. The Chief Executive Officer of the Zilla Parishad, Dhule. (Second Respondent herein), filed Revision Application (ULP) No. 83 of 1989 challenging the order of the Labour Court. This Revision Application was dismissed by the order of the industrial Court, Nasik, made on 16-11-1989. Inspite of these orders, the Chief Executive officer, Zilla Parishad (Second Respondent) did not care to reinstate the Petitioner. The petitioner, therefore, filed an Application under section 48 (1) of the Act, Criminal Complaint (ULP) No. 29 of 1989, complaining that the Respondents to the said application had disobeyed the binding order of the Labour Court. The Respondent to the said Criminal Complaint (ULP)No. 29 of 1989 were the Chief Executive Officer, Zilla Parishad, Dhule, the District Health officer, Zilla Parishad, Dhule, the B. D. O. Panchayat Samiti, Akkalkuva and the Medical Officer, primary Health Centre, Khapar, District Dhule. This application was dismissed by the impugned order dated 19th December, 1989. Hence this writ petition.