MANAGEMENT OF BHUBANESWAR MUNICIPALITY Vs. MOJES GAON

JUDGEMENT

(1.) THE petitioner, Bhubaneswar Municipality, has prayed to issue a writ of certiorari or any other appropriate writ /writs, order/orders quashing the award of the learned presiding Officer, Labour Court (O. P. No. 2) dated 30. 12. 1378, as per Anriexure-3, directing the reinstatement of opposite party No. 1, an L. D. Clerk, with full back benefits after declaring his termination of service with effect from 25. 9. 1975 as illegal and unjustified.

(2.) A reference was made by the State Government to the Labour Court under Section 12 (5) read with Section 10 (1) (d) of the Industrial Disputes Act (hereinafter referred to as 'the Act') for adjudication of the dispute between the management of Bhubaneswar Notified Area Council (now substituted by Bhubaneswar Municipality) and opposite party No. 1 to the following effect.

(3.) ON behalf of the petitioner, the following questions have been rained : That opposite party No. 1 was appointed as a temporary L. D. clerk at the age of 83 1/2 years. He had cossed the maximum age limit at the time of his appointment and as per Rule 408 of the Orissa Municipal Rules, the avernment's approval for appointment by condoning the age has not been obtained. On 15. 12. 1972 the petitioner was retrenched. Pa 5. 1. 1973 he was allowed to continue purely on temporary basis. Finally, his services were terminated which cannot be questioned. The order of reinstatement is illegal and without jurisdiction and there is no question of retrenchment so as to attract the provisions of Section 25-F of the Act.