LILAWATIKUMARI Vs. NATIONAL CO-OPERATIVE UNION OF INDIA

JUDGEMENT

(1.) The only relief claimed in this application is a writ in the nature of certiorari quashing the office order, dated 12-12-1991, issued by the Director (Education), National Co-operative Union of India whereby the petitioner's services as Lady Mobiliser were terminated with immediate effect. The impugned order, a photo copy whereof is at Annexure 11 to the writ petition assigns two reasons for the termination of service, one, that the selection of the petitioner was based on an improper procedure and two, that her contract employment come to an end on 26-11-1991 on the expiry of the one year period fixed under the contract. The allegation relating to improper procedure of selection has, however, been completely given up before this Court and the termination of service is sought to be justified only on the plea of the contract having come to an end by efflux of time.

(2.) The petitioner was an employee of the National Co-operative Union of India (hereinafter referred to as the Co-operative Union), I shall have occasion to examine the nature and character of the Co-operative Union in some detail later on in this judgment. At this stage, while narrating the bare facts it is suffice to note that the Co-operative Union was in need of Lady Mobilizers in several several states including Bihar for one of the projects undertaken by it, namely, Co-operative Education Field Project. Having failed to get, on deputation, any suitable persons to work as Lady Mobilizers the Co-operative Union made a request (vide letters dated 23-7-1990 and 10-8-1990, Annexure 1) to the Bihar State Co-operative Federation Ltd , to take steps for selection of suitable candidates to be directly recruited to the post of Lady Mobilizer on 'Purely temporary and contractual basis for the period of one year to beging with. Following the request made by the Co-opertive Union, the Bihar Federation issued an advertisement, dated 27-8-1990 inviting applications on behalf of the Co-operative Union for appointment to the post of Lady Mobilizer on contractual basis. By letter dated 18-9-1990 (copy at Annexure 3). the Bihar Federation appeals to have forwarded two applications, including that of the petitioner, with the recommendations made by it and finally the appointment letter was issued to the petitioner vide memorandum dated 9-11-1990, a copy whereof has been enclosed with the writ petition as Annexure 4. The memorandum offered the post of Lady Mobilizer, NCUI Co-operative Education Field Project, Patna to the petitioner, on contractual basis for a period of one year to begin with, of the various terms and conditions of the appointment those contained at serials 2 and 4 are re-produced below :

(3.) Commencing from 27-11-1990, the period of one year came to an end on 26-11-1991. However, as noted above, the impugned order of termination of service was issued on 12-12-1991.