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TMI Blog2006 (5) TMI 444X X X X Extracts X X X X X X X X Extracts X X X X ..... f employees, the procedures laid down in the Adhiniyam under which it was constituted and the rules framed thereunder were required to be complied with by the Appellant. The appointments of the Respondents indisputably were not made in terms of the statute. They were appointed as apprentices by the Administrator of the Municipality by an order dated 11.12.1985. The Government of Uttar Pradesh created 39 posts for Quinquennial Assessment of tax upto 31st March, 1986 or till the time the same were abolished in the scales of pay enumerated therein which was communicated to the Administration by a letter dated 19.12.1985 subject to the following conditions: "3. Only ad-hoc appointments are to be made on the aforesaid posts and if there is no work, or if there is no requirement even before the sanctioned period. 4. After 31st March, 1986, all the above posts shall be abolished compulsorily and the appointments should not be extended beyond that period on any condition." The following facts are not in dispute. The Respondents were appointed on an adhoc basis purported to be as apprentices on payment of apprentice allowance at the rate of Rs. 230/- per month by an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... " We may hereinafter notice some relevant provisions of the Adhiniyam. Sub-clause (2) of Section 106 of the Adhiniyam provides that qualification of a person to be appointed to the post created under sub- clause (1) thereof shall be such as may be prescribed by the State Government. Section 107 of the Adhiniyam deals with the appointment to the post. Section 108 of the Adhiniyam provides that notwithstanding anything contained in Section 107, officiating and temporary appointments to posts mentioned in sub-sections (1), (2) and (3) thereof may be made by the appointing authorities specified in those sub-sections without consulting the State Public Service Commission or obtaining the recommendations of the Selection Committee but no such appointment shall continue beyond the period of one year or shall be made where it is expected to last for more than a year without consulting the State Public Service Commission or otherwise than in accordance with the recommendations of the Selection Committee, as the case may be. Section 109 of the Adhiniyam provides that the emoluments and other conditions of services of officers, staff and other servants of the Nagar Mahapalika s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court, it would not be appropriate to displace the workmen from employment and to offer other reliefs, particularly, when a relief of reinstatement can be granted for violation of the provisions of Section 6-N of the Act in view of the decision of this Court in Hindustan Tin Works Pvt. Ltd. v. Employees of M/s Hindustan Tin Works Pvt Ltd. and Others, [(1979) 2 SCC 80 : AIR 1979 SC 75]. However, they were directed to be paid 50% of the backwages. The learned counsel appearing on behalf of the Appellant would contend that having regard to the nature of appointment, the impugned award could not have been passed. The learned counsel appearing on behalf of the Respondent, on the other hand, would support the impugned award. This is one of those cases which clearly depict as to how the officers of the local-self government at their own whims and caprice have been making appointments without following the procedures laid down under the Adhiniyam. The Administrator of a Municipal Corporation is a public servant. He was bound to follow the provisions of the Adhiniyam and the Rules. It is surprising how the Respondents could be appointed even prior to creation of the temporary posts by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat would not mean that the High Court would not or should not go into the merit of the matter. In fact it is the duty of the High Court to consider the appeal on merits. It is unfortunate that the writ petition filed in the year 1989 has been disposed of in 2004 but the Appellants cannot be blamed therefor. The Respondents might have continued in service for more than 14 years only because the High Court did not pass any interim order, but the same, in our opinion, should not have formed the basis for making the interim order absolute or for non- consideration of the merit of the matter. In our opinion, the High Court did not adopt a correct approach in the matter. Non-compliance of the provisions of Section 6-N of the U.P. Industrial Disputes Act, although, may lead to the grant of a relief of reinstatement with full backwages and continuity of service in favour of the retrenched workmen, the same would not mean that such a relief is to be granted automatically or as a matter of course. The Labour Court in its award did not take into consideration the relevant facts for exercise of its discretion in granting the relief. It is now well-settled, by reason of a catena of decis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r, it has not been contended that the services of the respondent were not governed by the provisions of the Industrial Disputes Act. He worked from 16.9.1985 to 19.5.1987. He must have, thus, completed 240 days of service. The termination of his services without complying with the provisions of Section 25F of the Industrial Disputes Act was, thus, illegal. He, however, had unjustly been directed to continue in service by reason of an interim order. He has been continuing in service pursuant thereto. The appellant, in our opinion, cannot be made to suffer owing to a mistake on the part of the court. The respondent also cannot take advantage of a wrong order. In the peculiar facts and circumstances of the case, we, therefore, of the opinion that interest of justice would be sub-served if, in place of directing reinstatement of the services of the respondent, the appellant is directed to pay a sum of Rs. 10,000/- by way of compensation to him. It is directed accordingly. The orders under challenge are set aside. The appeal is allowed with the aforementioned directions and observations." The learned counsel appearing on behalf of the Respondents has strongly relied upon a decisio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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