JUDGMENT: Heard Shri C.N. Adgokar, AGP for petitioners and Miss. K.K.Pathak, for respondents no.2 & 3. 2. Petition arises out of the proceedings filed by the respondents in ULPA Complaint No.286/1989 before Industrial Court, Nagpur. The complaint was under section 28 read with section 30 of the Maharashtra Recognition of Trade Union & Prevention of Unfair Labour Practice Act [hereinafter referred to as MRTU & PULP Act]. 3. The evidence was recorded. Interim order was passed therein by the Industrial Court on 29.6.1996. The order reads. “ORDER It is hereby be temporarily declared that the Respondents have indulged in to unfair labour practice under Item 9 of Schedule IV of the MRTU and PULP Act, 1971 in not following the provisions of Sec. 25-H of the I.D. Act. 1947 read with Rule 82 of the Industrial Dispute (Bombay) Rules 1957, in respect of the complainants. The respondents are therefore, directed temporarily to stop and desist from the said unfair labour practice and to make necessary offer of employment to the complainants as per the legal provision mentioned above before taking any action pertaining to appointment of Tabla Players by requisitioning candidates from the State Selection Board for that purpose. Ordered accordingly.” By the final order dated 20.2.1996 the said interim order was precisely confirmed. The complaint was allowed and it was declared that the respondents are engaged in unfair labour practice under item 5,6 & 9 of Schedule IV of M.R.T.U. & P.U.L.P. Act in not regularizing services of the complainant no.1 to 3. Therefore, they were directed to regularize services of the complainants and grant them all back wages. 4. This order is challenged by the present petition. 5. Learned A.G.P. for the petitioners has submitted that the appointment order of the respondents show that they were appointed purely on temporary basis and their appointment was only for the academic session `1987-88. Consequently by efflux of time their services were terminated on 20.4.1988. According to him, as the Selection Board was not available at that time, local candidates i.e. respondents were selected by the selection committee, which was Class III posts. As the respondents were not selected by the Selection Board, they were not entitled for regularization. According to him, the persons appointed on purely temporary basis could not be regularized. 6. According to him, as the Selection Board was not available at that time, local candidates i.e. respondents were selected by the selection committee, which was Class III posts. As the respondents were not selected by the Selection Board, they were not entitled for regularization. According to him, the persons appointed on purely temporary basis could not be regularized. 6. Learned counsel for the respondents has contended that the appointment letter of the respondents show that they were appointed in the vacancies created by retirement of the officials. According to him, despite the vacant posts were available, termination order to the respondents were issued. Therefore, the termination order dated 30.4.1988 was illegal. However, according to him, respondents were again appointed on the said post and in fact even technical break was not given to them and therefore, they were continued in the said post. The unfair labour practice that was alleged was of not appointing the employees on the vacant posts. As such, the Industrial Court has rightly allowed the complaint of the respondents. 7. He has also referred to the evidence on record. In the present petition, it seems that though the matter was admitted, rule on interim relief was issued, there was no interim relief granted in favour of the petitioners. Therefore, the respondents continued in service till this date. 8. The position that emerges now is that they were appointed in 1987. They were continued on their posts till 2009. Meanwhile interim order was also passed by this Court on 14.11.2008 to release increments of the respondents though the question of back wages was to be decided at the time of final hearing. 9. It is necessary to see the contents of the appointment letter of the respondents, same reads thus: “No. Est.-2/921208/1987 Arts & Social Science Institution, Nagpur Date: 29.12.1987 ORDER To, 1. Shri Prashant Shankarrao Popatkar, Music Assistant, Near Kasturba Library, Gandhi Chowk, Sadar, Nagpur. 2. Shri Prabhu Samanrao Sathe, Tabla Player, In front Rajani Smruti, Ganesh Peth, Nagpur. 3. Shri Satish Pandharinath Kadam, Tabla Player, c/o Shri P.G. Kadam, Plot no.94, Ganesh Nagar, Nagpur. The local candidates selected by the Selection Committee & sent by the Sub Regional Employment Exchange Office, Ramdaspeth, Nagpur, are hereby appointed as Tabla Players in the pay-scale of Rs. 2. Shri Prabhu Samanrao Sathe, Tabla Player, In front Rajani Smruti, Ganesh Peth, Nagpur. 3. Shri Satish Pandharinath Kadam, Tabla Player, c/o Shri P.G. Kadam, Plot no.94, Ganesh Nagar, Nagpur. The local candidates selected by the Selection Committee & sent by the Sub Regional Employment Exchange Office, Ramdaspeth, Nagpur, are hereby appointed as Tabla Players in the pay-scale of Rs. 350-7-285-10-385-Extension -10-435/-, on the posts fallen vacant due to retirements, purely on temporary basis, till further orders, from the date of their joining, on the following terms and conditions: sd/- Director, Arts & Social Sciences Institution, Nagpur. Terms & Conditions: 1. Candidate should join duties within 3 days, else their appointment shall be treated to be cancelled. Should join in the office on 1.1.1988. 2. Since this appointment is of temporary nature, their services can be terminated without any prior intimation. 3. The report regarding their character & antecedents, to be issued by the Police Department should be satisfactory, else their services would the terminated with immediate effect. 4. While joining, after joining within prescribed time limit, a physical fitness certificate will have to be obtained from the District Civil Surgeon, Nagpur and same will have to be submitted to the office head. If the certificate is received to be unfit for government service, then their services would be terminated immediately. 5. If resignation is to be tendered, one month prior notice will have to be given to the office, else one month salary will have to be deposited in the government treasury; 6. While joining the duty, the original documents related to educational qualification and date of birth, issued by the school or colleges, will have to be submitted for perusal of the Director. sd/- Director Arts & Social Sciences Institute, Nagpur Copy to : 1. Hon. Director of Education, (Higher Education), Maharashtra State, Pune -1 for information and necessary action. 2. Bill Clerk, Arts & Social Sciences Institute, Nagpur for information and necessary action. 3. Head of Department, Music Department, Arts & Social Sciences Institute, Nagpur, for information and for office reference. Translation ” 10. Hon. Director of Education, (Higher Education), Maharashtra State, Pune -1 for information and necessary action. 2. Bill Clerk, Arts & Social Sciences Institute, Nagpur for information and necessary action. 3. Head of Department, Music Department, Arts & Social Sciences Institute, Nagpur, for information and for office reference. Translation ” 10. Learned A.G.P. specifically pointed out that the appointments of the respondents were purely on temporary basis and therefore, their services were discontinued at the end of academic session, but fact remains that when their appointments were made in place of the persons who had retired; there can not be any difficulty in arriving at conclusion that the posts were vacant at the relevant time. The position that is emerging is that for 20 years respondents are continued in service. It is not a case of the petitioner that they were not qualified and eligible for being appointed on those posts. Only contention is that they were not appointed after their selection by Selection Board and they were appointed on the basis of the recommendation by the selection committee. Whatever, may be the circumstances, fact remains that during the pendency of these proceedings the respondents continued in service for about 20 years. They continued in the post, which had become vacant due to retirement of the earlier officials. The case of the petitioner is not that respondents are not qualified or eligible candidates for those posts. In these circumstances, in my opinion, writ jurisdiction cannot be exercised in favour of the petitioners to quash the appointments of the respondents, even if it is assumed for the sake of arguments that they were irregular. More so, because, learned A.G.P. is unable to point out that petitioner had tried to get early hearing of the matter and did not succeed. On the contrary it appears that the respondents had sought early hearing of the matter, but they did not succeed. 11. In these peculiar facts and circumstances of the case, it is not possible to interfere with the order of the Industrial court, impugned in the petition. Petition is therefore, dismissed.