VIJAY EKNATH POTDAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE order passed by the Joint Secretary, Industries, Energy and Labour Department of the State of Maharashtra on 24th June 1997 terminating the services of the petitioner as a Judge of the Labour Court is impugned in the present petition.

(2.) THE petitioner was appointed as a Judge of the Labour Court by an order passed by the State Government on 4th January 1993. The appointment was on probation for a period of 2 years. The order provides that during the probation period, if the petitioner fails to attain the expected quality of work and if his work or conduct is found improper or unbecoming his services will be liable to be terminated. His appointment is of purely temporary nature and the same can be terminated without assigning any reason. The order of appointment further provides that on his completing the first year of the probation period, he will be sanctioned the first increment and on his completing the probation period satisfactorily, subsequent increment will be sanctioned. After a period of one year of service, the petitioner was granted the first increment. He has however not been granted the subsequent increment. No orders were issued in regard to satisfactory completion of the probation period. As already stated the impugned order terminating services of the petitioner has come to be issued on 24th June 1997. It is first contended on behalf of the petitioner that the State Government has no authority to pass the impugned order of termination. It is only the High Court which has the power. Reliance is placed on the case of (State Government v. Labour Law Practitioners Association), reported in 1998 (1) C. L. R. 850. In the aforesaid case the Supreme Court has inter alia observed as under :--

(3.) BASED on the said decision it is contended that the Supreme Court has now clarified the law on the subject and hence the appointment as also the order of termination of Judges of the Labour Courts can only be issued by the High Court and the impugned order passed by the State Government, in the circumstances, stands vitiated.