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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 ..... : "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 order dated 20th October, 1984. Order of sanction for creation of some temporary posts was issued by the State of Uttar Pradesh which was the competent authority therefore, only on 19.12.1985. The Respondents, however, were appointed as apprentices in the Assessment Department by orders of the Administrator dated 5.11.1985 and 6.12.1985 where for an office order was issued on 11.12.1985. The tenure of the services of the Respondents came to an end with effect from 31.12.1986. On or about 4.2.1987, they filed an application before the Concilliation Officer, Allahabad questioning the valid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rary 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 shall be such as may be prescribed by the State Government. Section 111 of the Adhiniyam confers power on the State Government to make appointments where any authority specified in Section 107 fails within a reasonable time to make appointment to any post specified in Section 106 or created thereunder. Section 112-A of the Adhiniyam reads as under: (1) Notwithstanding anything contained in Sections 106 to 110 the State Government may at any time by rule provide for one or more ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f 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 the State. The Appointing Authority has now taken a stand that the Respondents had been appointed in terms of the order of sanction dated 19.12.1985. The offers of appointment, precede the said date. The Respondents although purported to have been appointed as apprentices, were appointed as clerks on daily wages in the Assessment Department. Evidently, the provisions of the Apprentice Act, 1961 have also not been followed. The officers appeared to be absolutely ignorant of the provisions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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 decisions of this Court, that only because the Labour Court may grant the relief of reinstatement with full backwages, the same should be granted as a matter of course. The Appellant herein has clearly stated that the appointments of the Respondents have been made in violation of the provisions of the Adhiniyam. An appointment made in violation of the provisions of Adhiniyam is void. The same, however, although would not mean that the provisions of the Industrial Disputes Act are not required to be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 decision of this in S.M. Nilajkar and Others v. Telecom District Manager, Karnataka [(2003) 4 SCC 27] wherein this Court was considering the question as to whether the interpretation of the expression "the termination by the employer of the service of a workman for any reason whatsoever" has been employed by the Parliament while defining the term "retrenchment". It was held: "12. "Retrenchment" in its ordinary connotation ..... X X X X Extracts X X X X X X X X Extracts X X X X
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