Municipalities

Municipal Corporation

— Administrator — Status of, and manner of exercise of power by — Held, he is a public servant — While making appointments, he is bound to follow the statutory provisions (provisions of U.P. Nagar Mahapalika Adhiniyam, 1959 and the rules in this case) — Hence, he could not make appointments to temporary posts prior to creation thereof by the State Government — Moreover, while appointing certain persons purportedly as apprentices the administrator should not have ignored the provisions of Apprentices Act, 1961, (2006) 5 SCC 127-A

Labour Law

Reinstatement/Back wages/Arrears

— Reinstatement — When reinstatement should not be granted — Termination of service without complying with S. 6-N, U.P. Industrial Disputes Act, 1947 — Employer contending that the appointment of the employees concerned was in violation of U.P. Nagar Mahapalika Adhiniyam, 1959 and that therefore reinstatement should not be granted — Although an appointment in violation of the Adhiniyam would be void, held, provisions of Industrial Disputes Act have nonetheless to be taken into consideration to determine the legality of the termination — However, in such a case relief of reinstatement should not be granted as a matter of course but the legality or otherwise of the termination should be considered to be an important factor in the matter of grant of relief — Since the appointments in the present case were made for a work which was done periodically, and had been completed, held, reinstatement should not have been granted — Hence, in view of violation of S. 6-N, a compensation of Rs 30,000 per employee directed to be paid, (2006) 5 SCC 127-B

Constitution of India

— Art. 226 — Exercise of power under Art. 226 by High Court — Relief — Approach: Considerations involved therein — Duty of High Court to decide the matter on merits — Labour matter — Labour Court holding termination of service illegal and directing reinstatement — In a writ petition filed by the employer, High Court staying the operation of award subject to the condition that the workmen were reinstated and paid full salary from the date of the award — Employer complying therewith — In such circumstances, the employees concerned although continuing in service for 14 long years held, the High Court ought to have disposed of the writ petition on merits and not on the assumption that in view of the reinstatement granted by the interim order it would be inappropriate to discontinue the same, (2006) 5 SCC 127-C