PRINCIPAL, GOVERNMENT MODEL SENIOR SECONDARY SCHOOL, SECTOR-16, CHANDIGARH Vs. PRESIDING OFFICER, LABOUR COURT, U T , CHANDIGARH

JUDGEMENT

(1.) The present writ petition has been preferred by the petitioner challenging the award dated 07.10.2002, vide which the reference was answered in favour of the workman holding him entitled to reinstatement with continuity of service with 50% back wages.

(2.) It is the contention of the counsel for the petitioner that respondent No. 2-workman was never appointed by the Principal but was rather appointed by the Principal in the capacity of the President, Parents Teachers Association Funds. She submits that the workman was appointed as a part time Sweeper and has been working with the petitioner since 19.07.1991 up to 31.03.1993. This, she submits on the basis of the replication filed by the workman to the written statement submitted by the petitioner before the Labour Court. It is her contention that the workman was paid honorarium @ Rs. 363/- per month. His contract of appointment was initially for a period of six months. His contract was, from time to time, renewed and all through, he had been paid the contracted amount out of the Parents Teachers Association Funds. The sanction for appointment had been received from the office of the Director Public Instructions (Schools) from time to time, but after 31.03.1993, the said sanction was not received from the office of the Director Public Instructions (Schools) and, therefore, the services of the workman were discontinued. It is further her contention that the practice of appointing persons for part time work through various people's funds/Parents Teachers Association Funds has completely been abolished since April, 1993 vide DEO UT Letter No. DEO/UT/E- 5/92/19316 dated 02.11.1992. On this basis, she contends that the contract of service of the workman was not renewed and, therefore, the termination of the petitioner would be covered by the provisions of Section 2(oo) (bb) of the Industrial Disputes Act and would not amount to retrenchment. She further submits that even in case, the workman had completed 240 days, as has been alleged by him, still he was not entitled to be reinstated in the light of the fact that there was no post existing. Further he could not be taken back in service as no sanction was received from the Director Public Instructions (Schools), which is the competent authority for grant of such sanction for continuing with the part time Sweepers from the Parent Teachers Fund. Counsel for the petitioner submits that the workman was a daily wager and even if he has completed 240 days in one calendar year, the said workman is not entitled to be reinstated against a public post when the engagement of the workman was not in accordance with the Recruitment Rules and further after giving an opportunity to all eligible candidates. This would amount to violation of Articles 14 and 16 of the Constitution of India and the appointment being not in consonance with the provisions of Constitution, the award is not sustainable. Reliance has been placed on the decisions of the Hon'ble Supreme Court in the cases reported as Ghazibad Development Authority and another v. Ashok Kumar and another, 2008 4 SCC 261, Mahboob Deepak v. Nagar Panchayat, Gajraula, 2008 1 SCC 575, M.P. Administration v. Tribhuwan, 2007 9 SCC 748 and State of M.P. and others v. Lalit Kumar Verma, 2007 1 SCC 575 to contend that the posts under the State are required to be filled up in terms of the statutory rules governing the service by inviting applications from all eligible candidates and thereafter, on consideration of the same, the appointment can be said to be a valid appointment. It has been contended that the respondent-workman was engaged on daily wages without following the rules and principles of Articles 14 and 16 of the Constitution, therefore, even if the workman has completed 240 days of service, the said workman was not entitled to be reinstated and also for the grant of back wages.

(3.) None has put in appearance on behalf of respondent No. 2 workman.