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Rajasthan High Court · body

1997 DIGILAW 714 (RAJ)

State of Rajasthan v. Patasi Bai

1997-05-29

ARUN MADAN, V.S.KOKJE

body1997
JUDGMENT 1. - The respondents were working as `Sathin' in the Women's Development Project. They filed a petition before this Court claiming that the Zila Vikas Adhikaran, Ajmer was `State' within the meaning of Art. 12 of the Constitution of India and was also an `Industry' as defined by Section 2(j) of the Industrial Disputes Act, 1047. They also claimed that `Sathins' fell within the definition of Workman tinder Section 2(s) of the Industrial Disputes Act, 1947. The 5 petitioners were appointed between October, 1996 and Sept. 1989. They were being paid Rs. 200/- per month as remuneration. The term of the appointment was extended from time to time. According to the petitioners they were appointed for the purpose of promoting awareness in the rural women for their participation in the affairs of family, community and economic activities. They were spending 10 hours a day on the work, but were paid only Rs. 200/- per month which they had to accept because of the problem of unemployment and their coming from poor staring families. The services of the petitioners were terminated on 15.2.91 as no longer required. The petitioners contended that there were vacancies available and their services could not have been terminated like that. The petitioners also claimed that the termination of their Services amounted to illegal retrenchment as provisions of Section 25F of the Industrial Disputes Act were not complied with. The petitioners, therefore prayed for issue of a writ quashing their termination orders and for issuing of a direction to regularise their services on the post of `Sathin'. 2. The learned Single Judge did not hold the petitioners to he Govt. servants, but still held that general principles of natural justice should have been followed before terminating their services. He did not go into the question as to whether Industrial Disputes Act would apply or not, but quashed the termination orders holding them to he arbitrary and without any reason or time. The appellants have come up in appeal against this order: 3. The learned counsel for the appellants submits that the respondents had no legal rights as their employment cannot be said to be a service under the Govt., the employment was of a part time nature and was for a particular purpose. The appellants have come up in appeal against this order: 3. The learned counsel for the appellants submits that the respondents had no legal rights as their employment cannot be said to be a service under the Govt., the employment was of a part time nature and was for a particular purpose. It was also submitted that the organisational set up under which `Sathins' were appointed clearly showed that it was a non-government appointment for the purpose of a particular Project and such an appointment could not be categorised as Govt. Service. In support of his contention the learned Addl. Adv. Genf. appearing for the appellants referred to a publication titled "women's Development Project.", Rajasthan published by the Deptt. of Rural Development and Panchayati Raj Govt. of Rajasthan in May, 1984. In this publication outline of `Women Development Project' is set out. The broad aim of the Women's Development Project is to operationalise the policy framed for women's development. 4. The organisational structure of the Women's Development Project is described on page 3 of this publication which reads as under : 5. "At the base level, the organisational until will be the Women's Development Centre or Mahila Vikas Kendra (MVK) An MVK will be established for one Gram Panchayat (Population approximately 5000 : 4 villages on an average). The MVK will be put under the charge of a woman worker (Sathin) who will be selected from- among the existing part; time workers or dedicated women teachers living in the village where the MVK is established, or any other woman has had some education and has the potential for providing leadership. Where educated persons cannot be found, there will be no hesitation in appointing illiterate women." 6. Again on page 5, the following observations are made as to the selection of Sathin : "After the selection of a GP the most important part in the establishment of an MVK is the selection of a `Sathin'. This will be done by the `Pracheta' from among the women living in the village where the MVK is to be established. A devoted teacher or any other full-time or part-time woman worker fully involved with some development activity and acceptable to the villagers, particularly the women, will have the advantage of proven ability. This will be done by the `Pracheta' from among the women living in the village where the MVK is to be established. A devoted teacher or any other full-time or part-time woman worker fully involved with some development activity and acceptable to the villagers, particularly the women, will have the advantage of proven ability. If no such person is available, as may be the case in most GPs, any village woman acceptable to the villagers and genuinely interested in working for them, may be chosen. It will be helpful if the Sathin has had some education, but if a suitable woman with some education is not available, an illiterate woman may be selected. The responsibility for the organisation of the MVK, will rest primarily with the Sathin." Training and Technical Resource Support : "In addition to the appropriate selection of a Sathin, the next most important point in the functioning of an MVK is the training of the Sathin. An initial training of one month will be organised. In the initial training an effort will he made to explain the objectives and parameters of the WDP and; to include the skills necessary for the organisation of an MVK. The Fact that the Sathin is one of the village women, shall be stressed and she will be expected to practice the art of working with her peers and helping them. She will also be expected to assist in the ongoing programmes, especially those aimed at the welfare and development of women and children. From the methodological point of view, the initial training will be based on the experience of the Sathins and will be particularly in nature." "Once every three months, a refresher seminar of approximately 25 Sathins at a time will be organised. At this seminar, the Sathins will work with the Prachetas and the staff of the IDARA. In addition, the Sathins of the MVK under the charge of a Pracheta, will meet for a day once every month. This monthly meeting will be utilised for the payment of the honorarium to the Sathins and for the delivery of supplies and materials. The emphasis of the seminars and monthly meetings will be on enabling the Sathins to identify and solve their problems and-the bottlenecks encountered during the course of their work." 7. This monthly meeting will be utilised for the payment of the honorarium to the Sathins and for the delivery of supplies and materials. The emphasis of the seminars and monthly meetings will be on enabling the Sathins to identify and solve their problems and-the bottlenecks encountered during the course of their work." 7. On page 8 of the publication Finance of the MVK is discussed as follows : "It is proposed that an MVK will be provide a. sum of Rs. 5,700/- per year. Out of this, Rs. 2,400/- will be sent on the honorarium of the Sathin (@ Rs. 200/- p.m.). Approximately Rs. 50/- will be needed for contingencies, leaving a. balance of Rs. 2000/- for programme activities." 8. Then on page 10 the roles and responsibilities of various functionaries are described. The following excerpts is relating to Sathins `In understanding the role and responsibility of the Sathins it needs to he remembered that she is not a Government servant and, therefore, not a part of usual Government hierarchy. She is, rather, a person who has either already been working with the women in the village or is imbued to do so. Her very designation underscores the point of her being one of the persons with whom she will work. 9. On page 12 of the publication Technical Resource Structure for the WDP is given. The relevant excepts are as follows : 10. `Under the WDP it is proposed to have at the state and district levels, Information Development and Resource Agencies (IDARA) to serve as the institutional framework for technical resource support."State Level 11. At the State level an NGO with experience of work with district and sub-district level NGOs and with the Government particularly in technical resource development, will be identified to function as the State IDARA."The State IDARA will set up a separate wing for Women's development. This wing will have a senior level person to function as the Coordinator and a programme specialist.District Level 'An NGO already engaged in adult education and rural development work, with an emphasis on women's development will be designated as the IDARA for the district. The NGO which is assigned the responsibility as the IDARA will set up a separate cell for women's development. 12. The aforesaid excerpts clearly show that Sathin is not a Govt. servant and is not a part of the usual Govt. hierarchy. The NGO which is assigned the responsibility as the IDARA will set up a separate cell for women's development. 12. The aforesaid excerpts clearly show that Sathin is not a Govt. servant and is not a part of the usual Govt. hierarchy. She is conceived to be a person who has already been working with the women in the village or is imbued to do so. She is supposed to be one of the rural workman rather than being a part of the Govt. The management of the Project is also entrusted to non-Governmental organisations and, therefore, by no stretch of imagination the post of Sathin could be said to be in the Govt. Service. 13. The learned Single Judge has also not found that there was any legal right on the basis of which the petition could be allowed. He merely says that the principles of natural Justice required that notice he given even for the termination of appointment of Sathin'. We expressed our inability to agree with this view. When the nature of the appointment is such that it is only to facilitate a development programme that a woman from amongst the village rural women who may not be even literate is to be appointed as a motivator or a link between the Project organizers and the target group of women, it cannot he said that such an appointment would confer any right to be heard before termination of appointment. 14. We, therefore, find that the appeal deserves to be allowed. It is hereby allowed. The order of the learned Single Judge is set aside and the petitions are dismissed. There shall he no order as to costs.Appeal Allowed - Petitions Dismissed. *******