S.S. Sudhalkar, J. - (1.) THIS writ petition is filed by the employer challenging the award of the Labour Court dated 15.9.1988 (copy annexure P/1) vide which respondent No. 2 was ordered to be reinstated with continuity of service, back wages and other resultant benefits.
(2.) THE case of respondent No. 2 is that he was appointed as Clerk on ad hoc basis for 89 days with effect from 21.3.1985. He continued on 89 days basis by renewal of his appointment till 10.8.1986 when the last order of appointment of 89 days expired. He challenged the act of the petitioner in not continuing him in employment before the Labour Court who passed the impugned order. Counsel for the petitioner argued that the respondent was appointed for a particular period only and after that period, the contract was also over and that this case is covered under Section 2(oo)(bb) of the Industrial Disputes Act. However, it can be found that respondent by virtue of the various orders of appointment for 89 days had completed 240 days of service in the year immediately preceding the date of his termination. There is no legal reason shown as to why he could not be continued thereafter. The practice of employing by such orders and terminating their service by non -renewal of order amounts to unfair labour practice. In this regard I am guided by the judgment of a Division Bench of this Court in Bhikku Ram v. The Presiding Officer, 1998(1) RSJ 703. The termination of the service of the respondent amounted to unfair labour practice and, therefore, the award of the Labour Court cannot be faulted on the ground that service of the petitioner was not extended.
(3.) THE next contention of learned counsel for the petitioner is that the respondent was not having the required qualification as he was intermediate and the required qualification for the post of Clerk on which the respondent was employed is 'graduate'. However, learned counsel for the respondent has shown me copy of letter of relaxation of the eligibility of appointment of the respondent. The said order is dated 23.12.1985. It is stated by learned counsel for the petitioner that this order is part of the record of the Labour Court. Copy of the order is taken on record of this writ petition. The order shows that the requirement of the educational qualification for appointment of respondent as Clerk was relaxed,;