ZILLA PARISHAD, THANE Vs. GOVIND MARUTI GURAV

JUDGEMENT

(1.) APPELLANT is defendant in Special Civil Suit No.181 of 1976, while, respondent is plaintiff in the said suit.

(2.) APPELLANT is Zilla Parishad (statutory body) constituted under the provisions of Maharashtra Zilla Parishads and Panchayat Samities Act, 1961 (hereinafter referred to as the "Act") and the Rules framed thereunder govern the services of Zilla Parishad employee. The said Rules are called Maharashtra Zilla Parishad District Services (Discipline and Appeal) Rules, 1964 (hereinafter referred to as the 'Rules'). Respondent was appointed to the post of Cinema Operator by appointment order dated 23.12.1965. The said order is issued by the Chief Executive Officer. For the purposes of respondent's services Chief Executive Officer is the appointing authority and also a disciplinary authority. Respondent was posted in Panchayat Samity, Thane. Respondent joined his duty on 23.12.1965 and remained in uninterrupted service till 30.6.1973. During this period his designation was changed from Cinema Operator to Junior Mechanic. Block Development Officer, Panchayat Samity vide letter dated 30.6.1973 relieved respondent from his duties. The said order is treated by the parties as termination order and produced in the present proceedings at Exh. 43. The said letter/order is in Marathi and translation thereof is as under :

(3.) IN appeal, filed by respondent Third Additional District Judge, Thane by his judgment and decree dated 16.3.1990 allowed the appeal. Appeal Court granted declaration that termination order dated 30.6.1973 is bad in law, that the respondent is entitled for reinstatement and back wages. Appellant has not challenged finding of trial Court on jurisdiction of Civil Court either by way of appeal or cross-objections.