Case Note & Summary
The petitioner, Mangalbai Jaspalsinh Bayas, was employed as an Anganwadi Karyakarti (worker) under the Integrated Child Development Service (ICDS) Scheme of the Zilla Parishad, Latur. She had served for 21 years. On 2 July 2013, her services were terminated by an order that listed several alleged misconducts. Prior to termination, a show cause notice was issued giving her only 24 hours to respond. She filed an appeal before the Chief Executive Officer, Zilla Parishad, Latur, which was rejected by a one-sentence order dated 20 August 2013 stating that her conduct had not improved despite oral and written communications, relying on Government Resolution dated 12 April 2007. The petitioner challenged both the termination and the appellate order before the Bombay High Court. The court considered whether the termination violated principles of natural justice and whether the ICDS Scheme is an industry. The petitioner's counsel argued that the termination was punitive without any inquiry, violating natural justice, and that the ICDS Scheme has been declared an industry by the Division Bench in Vidya Vishnu Vanare v. State of Maharashtra, making the petitioner a workman. The respondents contended that the Government Resolution empowered termination for non-improvement of conduct. The court held that the termination was unsustainable as it violated principles of natural justice, the show cause notice gave inadequate time, and the appellate order was unreasoned. The court set aside both the termination and appellate orders, directing reinstatement with continuity of service and 50% back wages, but without interest.
Headnote
A) Service Law - Termination - Principles of Natural Justice - Termination of Anganwadi Karyakarti without holding any inquiry and without giving adequate opportunity to defend violates principles of natural justice - The show cause notice gave only 24 hours to reply and the termination order listed misconducts without any proof - Held that such termination is unsustainable (Paras 4-6, 11-12).
B) Industrial Law - Industry - ICDS Scheme - The Integrated Child Development Service (ICDS) Scheme has been declared to be an 'industry' by the Division Bench of this Court in Vidya Vishnu Vanare Vs. State of Maharashtra [2011 (2) Mah. L.J. 221] - Consequently, an Anganwadi worker is a 'workman' under the Industrial Disputes Act, 1947 - Held that the petitioner is entitled to protection under industrial law (Para 9).
C) Administrative Law - Reasoned Order - Appellate Order - The appellate order rejecting the petitioner's appeal was a one-sentence order stating 'conduct has not improved' without any reasons - Such an order is non-speaking and cannot be sustained - Held that the appellate authority must pass a reasoned order (Para 8, 12).
Issue of Consideration
Whether termination of an Anganwadi Karyakarti without compliance of principles of natural justice and without a proper inquiry is sustainable in law.
Final Decision
The impugned order of termination dated 2.7.2013 and the appellate order dated 20.8.2013 are quashed and set aside. The respondents are directed to reinstate the petitioner with continuity of service and 50% back wages, without interest.
Law Points
- Principles of natural justice
- termination without inquiry
- ICDS Scheme as industry
- workman status
- reasoned order requirement
Case Details
2015 LawText (BOM) (06) 2
Writ Petition No. 408 of 2014 with Civil Application No.8563 of 2014
Shri Rodge Pratap G. for Petitioner, Smt. Shelke S.D. AGP for Respondent 1, Shri Tandale P.R. for Respondents 2 to 4
Mangalbai Jaspalsinh Bayas
The State of Maharashtra, The Chief Executive Officer Zilla Parishad Latur, Deputy Chief Executive Officer (Child Welfare) Zilla Parishad Latur, The Chief Development Project Officer Integrated Child Development Service Scheme Ausa
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Nature of Litigation
Writ petition challenging termination of services of an Anganwadi Karyakarti and rejection of appeal.
Remedy Sought
Petitioner sought quashing of termination order dated 2.7.2013 and appellate order dated 20.8.2013, and reinstatement with continuity of service and back wages.
Filing Reason
Termination of services without compliance of principles of natural justice and without holding any inquiry.
Previous Decisions
The appeal before the Chief Executive Officer, Zilla Parishad, Latur was rejected by order dated 20.8.2013.
Issues
Whether the termination of the petitioner's services without holding an inquiry and without giving adequate opportunity to defend violates principles of natural justice?
Whether the ICDS Scheme is an industry and the petitioner is a workman entitled to protection under industrial law?
Whether the appellate order rejecting the appeal is a reasoned order?
Submissions/Arguments
Petitioner's counsel argued that termination was punitive without any inquiry, violating natural justice; ICDS Scheme is an industry per Vidya Vishnu Vanare case; appellate order is unreasoned.
Respondents' counsel argued that Government Resolution dated 12.4.2007 empowers termination for non-improvement of conduct; Government Resolution dated 5.8.2010 provides remedy of appeal.
Ratio Decidendi
Termination of an Anganwadi worker without holding any inquiry and without giving adequate opportunity to defend violates principles of natural justice. The ICDS Scheme is an industry, and the worker is a workman. An appellate order must be reasoned; a one-sentence order is unsustainable.
Judgment Excerpts
The issue raised by the petitioner is as regards termination of her services as, Anganwadi Karyakarti, without compliance of the principles of natural justice and by way of punishment.
the ICDS Scheme under which she has been working with the respondent has been declared to be an 'industry' in the light of the Division Bench judgment of this Court in the case of Vidya Vishnu Vanare Vs. State of Maharashtra [2011 (2) Mah. L.J. 221].
the impugned order is about a page or so and the reason adduced by the CEO for rejecting the appeal is of one sentence, which is, 'The conduct of the appellant has not improved despite oral and written communications and, therefore, her services are terminated in the light of Government Resolution dated 12.4.2007. Appeal stands rejected.'
Procedural History
The petitioner was served a show cause notice on an unspecified date, given 24 hours to reply. Termination order was passed on 2.7.2013. Petitioner appealed to the Chief Executive Officer, Zilla Parishad, Latur, which was rejected on 20.8.2013. Petitioner then filed Writ Petition No. 408 of 2014 before the Bombay High Court, Aurangabad Bench, which was heard and disposed of on 25.6.2015.
Acts & Sections
- Industrial Disputes Act, 1947:
