HARU RAM Vs. VIKASADHAIKRI

JUDGEMENT

(1.) THE petitioner was appointed as a Jeep Driver in the Office of the Vikas Adkhkari, Panchayat Samiti, Raisinghnagar, vide order dated 19 -8 -78. The appointment of the petitioner was made on temporary basis for a period of six months. This term of appointment of the petitioner was extended upto 20.8.79. Thereafter the term of the petitioner's appointment on the post of Jeep Driver was not extended but, however, he was allowed to continue on the post upto 1.10.80. One Mr. Raghunath was working as a driver with the respondents, whose services were terminated on 1.9.75, by the Vikas Adhikari and he filed an appeal before the State Government challenging the termination of his services. The appeal, filed by Raghunath was allowed by the State Government vide order dated 26.9.90, and while allowing his appeal, the State Government directed the respondent to re -employ Raghunath, Driver, immediately on the post in question. Certain other directions were, also, issued by the State Government while allowing the appeal filed by Raghunath. As there was only one post available with the respondent, the respondent gave appointment to Raghunath vide order dated 1.10.80, and by another order dated 1.10.80 (Annexure, 50), terminated the services of the petitioner. The petitioner has challenged the order Annexure.5 dated 1.10.80, terminating his services on the ground that the petitioner served with the respondent for more than 240 days in a calendar year and, therefore, his services could have been terminated only after complying with the procedure provided under Section 25F of the Industrial Disputes Act, 1947, and as the mandatory provisions of Section 25F of the Act, 1947, have not been complied with, the order Annexure. 5 deserves to be quashed and set -aside. In support of its contened learned Counsel for the petitioner has placed reliance over: Chhutan Lald v. The State of Rajasthan and Ors. 1981(1) RLR 649 and Satyendra Singh Rathore v. The Rajasthan Rajya Fathiya Pustak Mandal, Jaipur 1988(2) WLN 690. Learned Counsel for the respondent, on the other hand, has supported the order Annexure.5, passed by the Vikas Adhikari and submitted that the appointment of the petitioner was a fixed -term appointment and after the expiry of the period for which he was provided appointment, the term of his appointment was not extended. The appointment was, also, temporary in nature and was till the period the duly selected persons are made available. The appeal filed by one Raghunalh was allowed by the State Government and the order for his reinstatement in service was passed and as there was only one post available with the respondent, Raghunath was taken on duty and the services of the petitioner were terminated as the duly selected candidate was made available. In these circumstances the provisions of Section 25F of the Act, 1947, are not applicable to the case of the petitioner. His further contention is that the continuation of the petitioner beyond the period of six months was contrary to Rule 23(5) of the Rajasthan Panchayat Samities and Zila Parishads Rules, 1959, as the extension was not made with the prior permission of the Commission. In support of contention, learned Counsel for the respondent has placed reliance over: Prabhu Dayal Sharma v. The State of Rajasthan and Ors. 1985 WLN (UC) 529 and Surendra Kumar Gyani v. the Sate of Rajasthan and Ors. AIR 1983 SC 115.

(2.) I have considered the submissions made by the learned Counsel for the parties.

(3.) IN the result, the writ petition, filed by the petitioner, is allowed and the respondents are directed to reinstate the petitioner immediately on the most of Jeep Driver. For the determination of the wages and computation of the amount due against the respondent, the petitioner may approach the Labour Court under Section 33C(2) of the Act, 1947, in respect of the arrears of his salary. The respondents will however, be free to take action against the petitioner after complying -with the provisions of Section 25F of the Industrial Disputes Act, 1947.