RAJES KUMAR, J. - (1.) By means of the present writ petition, the petitioner has challenged the award dated November 28, 2003 passed by the respondent No. 1 in Industrial Dispute No. 71 of 2001, Smt. Anita Sharma v. Youth Hostel, Annexure No. 7 to the writ petition.
(2.) In the writ petition, the petitioner has stated the following facts: In the year 1956 the then Prime Minister Pt. Jawaharlal Nehru summed up on the philosophy of youth Hostel in a very precise manner, with that passion which characterized his love and passion for youth; the Indian Chapter of Youth Hostel Scheme was initiated in 1949 when Youth Hostel of India was formed at Mysore. The association built its own Youth Hostel at New Delhi in December, 1977. The Government of India extended its support to the movement in 1966 when it decided to provide one model Youth Hostel for each State with its own funds during the Fourth and Fifth Five Year Plan. Subsequently, in the Seventh Five Year Plan 60 Youth Hostels were made by the Department of Youth Affairs, Government of India. The petitioner Youth Hostel was also completed during the Seventh Five Year Plan and the aim and object of the Youth Hostel was a home away from home. The Youth Hostels are not like a hotel or commercial institution where guests pay stay charges. In fact, in Youth Hostel one never feels like a stranger. There is one Warden (mostly husband and wife team), ever prepared to listen to the problems of the young guests, advise them, help them and make them feel at home among friends. The Youth Hostel is based on the principle of community accommodation and is working on the principle of no profit no loss. The salient features of Youth Hostel are: (a) It is a non-religious, non-political and non-commercial unit without discrimination to race, colour, sex, caste, creed or social background. (b) Overnight charges are kept to the minimum so that the youth with limited means can avail the stay facility. Concession in overnight charges is given to members of Youth Hostel Associations and Students in organized groups of educational institutions. (c) Its functioning is as per the norms, rules and regulations laid down by International Youth Hostel Federation with a slight variation suiting to local conditions. (d) It promotes youth travel and youth activity programmes. (e) It should not be used for political party meetings and social functions like marriages. The petitioner Youth Hostel is managed by Management Committee constituted by the Central Government as per guidelines laid down by the Department of Youth Affairs and Sports, Government of India. The Central Government for establishment and infrastructure of the hostel provides funds and from time-to-time grant amount for its maintenance or for payment of honorarium to the Warden as the post of Warden is honorarium post and there is no regular salary post. The selection of the Warden is made by the Ministry of Youth Affairs and Sports, Government of India. The Youth Hostel has its own manual under which Chapter 5 deals with staff pattern. Chapter 5 provides with employment and removal of staff of the Youth Hostel. Chapter 5 Rule 1 states that employment and removal of the staff of the hostel is the responsibility of the Hostel Management Committee. Rule 1 of Chapter 5 is being reproduced below: "1]. The employment and removal of staff of the Hostel is the responsibility of the Hostel Management Committee. However, the Committee may delegate the power to the Wardens. The staff will work under, the administrative control of the Wardens. HMC will function as authority on disciplinary matters relating to staff, if need be. The wages/salary of the staff will be paid from the Hostel funds and the funds received from the State Government/Union Territory. The Hostel will, therefore, employ minimum essential staff." 2]. Keeping in view Chapter 5, Rule 1, the Hostel Management Committee in their resolution No. 2 dated April 29, 1987 sanctioned following posts: (1) 4 posts of Chowkidar wherein one will work Mali. (2) 2 as Receptionist. (3) Part time Sweepers - 3. (4) Cook-1. (5) Asstt. Cook-1. (6) Part time Supervisor/clerk for 4 hours - (7) Part time Electrician - 1. (8) Part time Plumber - 1.
(3.) Except for the above mentioned posts there is no other sanctioned post. In the month of May, 1999, one post of Asstt. Cook fell vacant against which respondent No. 2 made an application to the District Magistrate/Chairman, Youth Hostel, Agra. The respondent No. 2 stated in her application that from time to time she had been serving as home guard but now desired to serve as Assistant Cook in the Youth Hostel. On the application of respondent No. 2, the Chairman, Youth Hostel recommended the same to the Warden of the Youth Hostel and accordingly respondent No. 2 was temporarily appointed as Assistant Cook and worked as such since May 12, 1999. During the course of her employment as Assistant Cook, the respondent No. 2 on June 21, 1999 made an application to the Chairman, Youth Hostel, Agra requesting for appointment as Peon. The aforesaid application of the respondent No. 2 was referred to the Warden, Youth Hostel, Agra. It is relevant to state here that at that time there was no permanent Warden posted in the Youth Hostel and the charge of the Youth Hostel was with the SDM, Agra who passed an order to the extent that the respondent No. 2 be posted as Peon in place of Assistant Cook. It is note worthy to state here that salary of respondent No. 2 was paid from the funds of the Youth Hostel. The regular appointment of Warden was made on June 1, 2000 and after joining the regular post of Warden, Youth Hostel, Agra, and after taking charge it came to the notice of the present Warden that the respondent No. 2 is getting salary out of the funds of the Youth Hostel in spite of the fact that there is no sanctioned post of Peon in the Youth Hostel. Keeping in view non-approval of the post of Peon, the Warden-petitioner brought this fact to the notice of the Chairman, Youth Hostel vide its letter dated July 30, 2000. Keeping in view that there is no sanctioned post of Peon, the Chairman/District Magistrate, Agra approved that services of the respondent No. 2 be dispensed with. Accordingly, services of the respondent No. 2 was terminated by giving notice on August 8, 2000 and since August 9, 2000 respondent No. 2 did not attend the office.;