RAIGAD ZILLA PARISHAD Vs. GAJANAN H PATIL

JUDGEMENT

(1.) This petition challenges the award of the Labour Court, Thane, dated 25.3.1997 in Reference (IDA) No. 15 of 1995. The reference has been allowed and the respondent workman is directed to be reinstated with continuity of service w.e.f 15.5.1986 alongwith full back wages.

(2.) The petitioner is the Zilla Parishad of Raigad District. The State Government i.e. respondent No. 3 passed orders permitting the Chief Executive Officer (in short, C.E.O.) of the Zilla Parishad to recruit employees in Class III and Class IV categories on a temporary basis, in the event the Divisional Selection Board or District Selection Board was not constituted. The C.E.O. appointed respondent No. 1 under these powers delegated by the order of the Government dated 21.7.1983. Clause 2 of this order of the Government lays down the eligibility criteria and procedure for making appointments to the Zilla Parishad. The requirement to obtain candidates from the Employment Exchange, the Social Welfare Officer and the Backward Class Organizations authorised by Government was stipulated. In the event no candidates were recommended by the aforesaid agencies, the C.E.O. of the Zilla Parishad was conferred with the power to advertise the number of vacancies in the newspapers and to appoint candidates who were selected in response to the advertisement. However, such appointments could be made by the C.E.O. only on a temporary basis not exceeding one year.

(3.) The respondent No. 1 was appointed on 5.5.1984. He was continued in service till he was given a break and a fresh appointment order was issued to him on 17.5.1985. The respondent No. 1 had applied for recruitment for the post of Sanitary Inspector after completion of the course for the trade from Shirur institute. On 8.4.1986 the Joint Director, Health Services, Pune intimated the Zilla Parishad that those persons who did not possess qualifications from recognised institutions should not be appointed in service. He further directed that the service of employees who did not have the proper qualifications should be terminated. Accordingly, on 12.10.1986 the services of the 1st respondent were terminated as he did not have the requisite qualifications. The qualifications of the Shirur Institute were derecognised and therefore, services of the 1st respondent were terminated.