MUNICIPAL COMMITTEE KURALI Vs. STATE OF PUNJAB, ETC

JUDGEMENT

(1.) This is a petition by the Municipal Committee, Kurali, for quashing the order of the State Government dated May 29, 1973, a copy of which is annexure 'J' to the writ petition, passed under Section 236 of the Punjab Municipal Act (hereinafter called the Act). The facts leading to the passing of that order are that Dalbara Singh (respondent 4) and Avtar Singh (respondent 5) were employed as octroi moharrirs by the Municipal committee, Kurali, while respondents 6 and 7, Darshan Singh and Ramji Dass respectively, has been appointed as peons. All of them were employed as temporary hands and their services were terminable by the Municipal Committee after giving them 24 hours' notice. In the appointment letter dated August 31, 1966, issued to Dalbara Singh (respondent 4) it was stated :-

(2.) On January 29, 1973, the Municipal Committee, Kurali, passed resolution No. 12-G, the free rendering of which in English is as under :-

(3.) To this letter, the Municipal committee sent a reply dated March 1, 1973, in which it was asserted that the said four employees were temporary servants and their services were terminable after giving them 24 hours' notice in accordance with the conditions of their appointments. They were recruited temporarily and their services could be terminated by giving them 24 hours' notice without serving them any show-cause notice. It was stated that the previous letter of the Deputy Director dated February 5, 1973, was received on February 8, 1973. It was further stated that the employees had already been relieved of their duties and the resolution of the Municipal Committee had been implemented on January 31, 1973. It was further stated that the employees had already relinquished their charge. A reference was also made to a previous case in which 6 employees, whose services were determined by the Municipal Committee in similar circumstances by resolution dated July 10, 1969, had filed Civil Writ No. 1080 of 1970 in this Court which was dismissed in limine. Lastly it was submitted that the Municipal Committee had not violated any instructions issued to it by the Government and that the order already issued by the Deputy Director may be withdrawn.