S.S. Nijjar, J. - (1.) KURUKSHETRA University (hereinafter referred to as the management) has filed this writ petition under Articles 226/227 of the Constitution of India seeking a writ in the nature of Certiorari quashing the award passed by the Presiding Officer, Labour Court, Ambala dated 15.9.1998 wherein the termination of services of the, respondent No. 2 (hereinafter referred to as the workman) have been held to be unjustified and illegal and further directing her reinstatement with continuity of service and back wages from the date of demand notice till reinstatement.
(2.) THE workman was initially appointed as Junior Clerk on 9.11.1985. The appointment was purely on ad hoc basis for a period of six months or till regular selection is made, whichever is earlier. Subsequently on a number of occasions, she was re -appointed on ad hoc basis for a period of six months. She was appointed for the last time on 3.6.1989. Her services were terminated by an order on 8.3.1990. The appointment order stipulated that her conditions of service, in so far as they are not specified in the letter of appointment, will be governed by the rules of the University as in force from time to time. Qualifications for various posts in the University are given in Schedule II of the Kurukshetra University Calendar Vol. III. The rules applicable in the case of the workman are as under: - "21 Clerk: 1. (i) Matriculation/Higher Secondary/Pre -University at least in 2nd Division, or Graduate of this University or equivalent qualification from a recognised University/Board. OR (ii) (a) Matric and (b) Hons. in Hindi (Prabhakar) or Sahitya Ratna or any other equivalent examination or Diploma in Office Organisation/Secretarial Practice at least in 2nd Division. 2. Pass in a test in typewriting at the speed of at least 30 words per minute. Graduates, if selected on the basis of their merit in the written test, will have to qualify the typing test at a speed of 30 w.p.m. within a period of one year, failing which they will not become eligible for confirmation until the qualify in the typing test. Provided that in the case of internal candidates, who have at least three years approved service in this University to their credit, the qualifications at Sr. No. 1 are relaxable to Matric III Division. Provided further that the clerks appointed on ad hoc basis will have to pass in a test in typewriting at the speed of 30 w.p.m. within one year failing which they will not become eligible for appointment on regular basis until they qualify in the typing test." 3. On the basis of the aforesaid rule, the workman was required to pass the test in typewriting at the speed of 30 w.p.m. within one year of the appointment. Since the workman was unable to pass the test in typewriting her appointment was extended from time to time on ad hoc basis. She took the test on 14.9.1987, 8.2.1988, 19.4.1988, 21.6.1988, 19.8.1988, 17.4.1989 and 23.10.1989. Inspite of having been given seven opportunities, the workman could not qualify the test. Before her services could be terminated, the workman filed CWP No. 15520 of 1989 on 28.11.1989 seeking regularization of service on the basis of a judgment given by a Division Bench of this Court in CWP No. 72 of 1988. In the present writ petition, the workman has pleaded that she had been appointed as a clerk on ad hoc basis by appointment letter dated 19.11.1985 for a period of six months which was extended from time to time, by giving repeated appointment letters after giving one or two days break. She had served the University as a Clerk on ad hoc basis since 15.11.1985 with some notional break and had completed more than four years service. It was further her case that the University is an industry and that she is a workman within the meaning of Section 2(s) of the Industrial Disputes Act (hereinafter referred to as the Act). She had further claimed that on completion of 240 days of service, she is entitled to regularisation of service. She has also claimed the regularisation of her services, on the basis of four years of continuous service. In Paragraph 6 the workman had pleaded that she has been given repeated appointments on ad hoc basis to deprive her of the claim for regularisation. She had also claimed that she, was entitled to be granted annual increments and other benefits which have been allowed to the staff regularly employed.
(3.) IN response to this writ petition, the University had filed written statement. In paragraph 6, it was stated that the petitioner (workman in the present case) appeared in the type test on seven occasions. As she could not qualify in the type test, she does not fulfil the minimum qualification for the post of Clerk as prescribed in Schedule II of the University Calendar Vol. III, 1993. Thereafter, the rule has been reproduced without any further comments.;