DEWAN SINGH Vs. UNION TERRITORY CHANDHIGARH ADMINISTRATION

JUDGEMENT

(1.) The appellant was employed as a Sanitary Beldar in the Office of Director Health Services (Anti Malaria Department) Chandigarh, and on the recommendations of the Departmental Promotion Committee, was promoted to the post of Sanitary Supervisor on ad hoc basis on May 16, 1986. He was reverted to the post of Sanitary Jamadar/Beldar vide Order dated May 14, 1987. This action was challenged by the appellant through the Workers' Union as being illegal and arbitrary. The dispute was referred to the Labour Court for adjudication under Section 10(1)(c) of the Industrial Disputes Act, 1947 (for short "the Act"). In the written statement filed before the Labour Court an objection was taken that the department was not an "industry" within the meaning of the Act. It was specifically pleaded on behalf of the Management that the qualifications prescribed for the post of Sanitary Supervisor was that of Matriculations with Science subjects and as the appellant had passed the Prathma Examination conducted by the Hindu Sahitya Samelan, Allahabad, which had not been recognized as equivalent to Matriculation by the Chandigarh Administration, he was not eligible for promotion to the post of Sanitary Supervisor. It was also pleaded that on a complaint being received regarding the ineligibility of the appellant, the matter had been referred to the School Education of U.P. Board, Allahabad which had informed the Chandigarh Administration that the Prathma Examination had not been recognised by it as equivalent to the Matriculation and it was on this basis that the Chandigarh Administration had also decided not to recognise Prathma Examination as equivalent to that of Matriculation.

(2.) The Labour Court on a consideration of the matter vide order dated April 1, 1991 held that the respondent-department was an industry. It also observed that the order of the reversion of the appellant was unjustified in the light of the fact that Prathma Examination conducted by the Hindi Sahitya Samelan, Allahabad had been recognised by some of the institutions like the Punjab University, Chandigarh and the Punjab School Education Board as equivalent to their Matriculation Examination and as such merely because the Chandigarh Administration had not recognised this qualification as being equivalent, it could not be said that the appellant was not eligible to hold the post of Sanitary Supervisor. The Labour Court further held that while reverting the appellant to the post of Sanitary Beldar, he had not been given any notice and thus the principles of natural justice, stood violated and consequently the reversion order was bad in law. The Labour Court accordingly accepted the reference, set aside the order of reversion of the appellant with all consequential benefits.

(3.) The respondent-Department challenged the award of the Labour Court by filing a writ petition which had been allowed by a learned single Judge by order dated September 20, 1995 which has been impugned in this appeal.