CUTTACK MUNICIPAL COUNCIL Vs. PRESIDING OFFICER

JUDGEMENT

(1.) THIS is an application by the employer, the Cuttack Municipal Council, seeking a writ of certiorari for the quashing of an award passed by the Labour Court declaring the terminations of the service of 28 mates with effect from 30-4-1980 by the management as illegal and unjustified and directing their reinstatement with full back wages and continuity of service.

(2.) THE case of the petitioner before the Labour Court was that opposite parties 2 to 29 were appointed as mates purely on temporary basis by council resolution dated 2-4-1979. They were to work under the elected ward councillors. There was an understanding that their service would be terminated at any time without notice. They were required to appraise the ward councillors the day-to-day problems of the wards. They were appointed on the recommendation of the respective ward councillors. When the council was suspended and later on superseded by the Government with effect from 24-4-1980, there was no necessity for the mates who were assisting the councillors, to continue. Accordingly, their services were terminated with effect from 30-4-1980. The workmen on the other hand averred that they were appointed on daily wage basis with effect from 3-4-1979 pursuant to a council resolution. Each of them had been assigned to a particular ward and his service was placed under the ward councillor. They were to supervise the work of the Coolies and Ma/doors engaged in the sanitation and conservancy work. They were to maintain daily diary of their work which was supervised by the Sanitary Inspectors and respective ward councillors. As Coolies and Mazdoors had been engaged on regular basis but these opposite parties had been engaged on daily wage basis, the Municipal Council adopted a resolution dated 23-2-1980 to regularise their service conditions. When the council was superseded, their services were terminated without payment of retrenchment compensation contrary to Section 25-F of the Industrial Disputes Act.

(3.) HAVING regard to the nature of the dispute that cropped up, the Government made a reference, namely, if the termination of the service of the mates with effect from 1-5-1980 by the management of Cuttack Municipality, was legal and/or justified and if not, what relief they would be entitled to ?