MUNICIPAL COUNCIL PULGAON Vs. SAU MANU SUDESH MALIK

JUDGEMENT

(1.) Rule returnable forthwith. Heard finally by consent of parties.

(2.) In these writ petitions, an interlocutory order dated 28-2-2005 passed below Ex. 13 in Complaint (ULPA) Nos. 534/03, 537/03, 529/03, 533/03, 535/03, 536/03 and 539 of 2003 is impugned by which the Industrial Court, nagpur, rejected the application for dismissal of the complaint filed by respondent No. 1. These petitions being against interlocutory order deciding no rights of the parties, looking to the nature of the impugned orders, are treated as under Article 227 of the Constitution of India.

(3.) The State Government had appointed "lad Committee" to look into the demands of the sweeper community which was engaged in lilting the night soil on their head when the drainage system to flush out the night soil was not available in large number of Municipal Council areas in the State of Maharashtra. LAD Committee had made several recommendations and one of them was to appoint relative/close relative/nominee of a sweeper employed in the Municipal council directly in the vacant post in the prescribed pay scale. The said recommendation and some others were accepted by the Government of maharashtra and accordingly by the Government Resolution the Municipal councils were directed to make appointments as per "vashila Paddati" system. The respondent No. 1 therefore averred in the complaint that his/her appointment was made by the petitioner in accordance with the said policy of the State government and, as such, his/her appointment cannot be termed as temporary or otherwise when the appointment itself is a regular appointment. The said policy of the State Government is an exception to the normal recruitments in Municipal councils. The respondent No. 1 therefore stated in the complaint that his/her appointment was against a clear and permanent vacant post in the prescribed pay scale. He then contended that his/her appointment was still made in accordance with the procedure required to be followed under the Maharashtra Municipal councils, Nagar Panchayats and Industrial Townships Act, i. e. upon the recommendations made by the Standing Committee of the Municipal Council. The averments in relation to the appointment of respondent No. 1 thus were made in details in para 1 of the complaint. The respondent No. 1 prayed in the complaint for absorption in service on permanent basis.