DEPUTY DIRECTOR, HEALTH SERVICES, NASHIK CIRCLE, NASHIK Vs. SATISH BABURAO GAPAT

JUDGEMENT

(1.) The petitioner-State has filed this writ petition under Article 227 of the Constitution of India to challenge the Judgment and Order dtd. 24/3/2004 passed by the Industrial Court, Nashik in Revision (ULP) No. 99 of 2004. By the said order, the Industrial Court confirmed the Judgment and Order dtd. 8/12/2003 passed by the Labour Court, Nashik in Complaint (ULP) No. 93 of 1997.

(2.) The relevant facts are stated as follows. The respondent filed Complaint (ULP) No. 93 of 1997 before the Labour Court under Items 1 a, b, d, f and g of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 challenging the termination of his service. The respondent prayed for reinstatement with continuity of service and full back wages. The respondent stated that he was appointed by the petitioner as X Ray Technician on the basis of his earlier experience of four years at Nagjee Memorial Hospital, Nashik. He joined the petitioner on 28/6/1996 pursuant to order dtd. 27/6/1996. He received further appointment orders from time to time. He worked from 28/6/1996 to 2/5/1997 for more than 240 days.

(3.) The respondent stated that his services were terminated from 3/5/1997 without any notice pay or retrenchment compensation and without any inquiry or charge sheet. The respondent stated that the nature of work was regular and that several posts of X Ray Technician were vacant. According to him, the petitioner retained persons junior to him in service. The Selection Board by letter dtd. 24/1/1997 informed the petitioner that it had no objection to continue the respondent till the Board recommended candidates. The respondent stated that after his termination the petitioner appointed one Mr Sonavane in his place. The respondent submitted that the termination amounted to unfair labour practice and that he was entitled to reinstatement with continuity of service and full back wages.