Case Note & Summary
The petitioner, Barkunbai Dadarao Shinde, was employed under the Integrated Child Development Service (ICDS) Scheme with the Zilla Parishad, Latur for about 16 years. On 8 July 2013, she was issued a show cause notice alleging misconduct and was asked to explain within 24 hours why her services should not be terminated. Without any proper inquiry, her services were terminated by order dated 10 July 2013, which listed several alleged misconducts. The petitioner appealed to the Chief Executive Officer, Zilla Parishad, Latur, contending that the allegations were false and unproved. The appeal was rejected by a non-speaking order dated 18 November 2013, which merely stated that her conduct had not improved despite oral and written communications and that termination was justified in light of Government Resolution dated 12 April 2007. The petitioner challenged both the termination and the appellate order before the Bombay High Court. The court noted that the show cause notice gave only 24 hours to respond, which was grossly inadequate, and that the termination was imposed as a punishment without any inquiry, violating principles of natural justice. The court also observed that the ICDS Scheme has been declared an 'industry' by a Division Bench of the same court in Vidya Vishnu Vanare v. State of Maharashtra, making the petitioner a 'workman' under the Industrial Disputes Act. The appellate order was found to be without reasons and arbitrary. Consequently, the court quashed the termination order and the appellate order, directing reinstatement of the petitioner with continuity of service and 50% back wages from the date of termination till reinstatement, to be paid within eight weeks.
Headnote
A) Service Law - Termination - Principles of Natural Justice - Show Cause Notice - Termination of a workman under ICDS Scheme without giving adequate opportunity to explain and without holding a proper inquiry violates principles of natural justice - The show cause notice gave only 24 hours to respond and the termination order listed misconduct without any proof - Held that such termination is illegal and unsustainable (Paras 4-6, 9-11). B) Industrial Disputes Act, 1947 - Workman - ICDS Scheme as Industry - The 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] - Therefore, the petitioner is a 'workman' under the Industrial Disputes Act and entitled to protection under the Act (Para 9). C) Service Law - Appeal - Non-Speaking Order - The appellate authority rejected the appeal by a one-sentence order stating that the conduct of the appellant had not improved despite oral and written communications - Such an order is without reasons and does not consider the petitioner's contentions - Held that the appellate order is arbitrary and liable to be set aside (Paras 8-9).
Issue of Consideration
Whether termination of services of a workman under ICDS Scheme without compliance of principles of natural justice and without a proper inquiry is sustainable in law.
Final Decision
The writ petition is allowed. The impugned order of termination dated 10.7.2013 and the appellate order dated 18.11.2013 are quashed and set aside. The respondents are directed to reinstate the petitioner in service with continuity of service and 50% back wages from the date of termination till reinstatement. The back wages shall be paid within eight weeks from the date of the order.
Law Points
- Principles of natural justice
- termination without inquiry
- workman status under Industrial Disputes Act
- ICDS Scheme as industry
- non-speaking order
