WP/10399 & 10400/2010 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10399 OF 2010 ALONG WITH WRIT PETITION NO.10400 OF 2010 Chief Executive Officer, Zilla Parishad, Kolhapur & Anr. ... Petitioners V/s. Kolhapur Zilla Aanganwadi Karmachari Sangh, Kolhapur & Anr. ... Respondents Mr. S.R. Nargolkar for the Petitioners. Mr. S.K. More for Respondent No.1. CORAM : SMT. NISHITA MHATRE, J. DATE : 25 TH JANUARY, 2011. P.C. : 1. Rule. Rule made returnable forthwith, by consent. 2. The question involved in the present Writ Petitions is whether the interpretation placed on the G.R. dated 5th August, 2010 by the Industrial Court, Kolhapur, is correct. 3. According to the respondent No.1­Union, Anganwadi Madatnises were entitled to “promotion” as Anganwadi Sevikas on completion of two years in the post of Anganwadi Madatnises and passing the 8th Standard Examination. Besides these two criteria, there were other conditions mentioned in the G.R. dated 12th March, 2008 which were required to be fulfilled. According to the respondent No.1­Union, therefore, all Anganwadi Madatnises in rural areas who had passed the 8th Standard Examination and who had completed two years of service were entitled to direct recruitment as Anganwadi Sevikas without having to undergo any selection process. WP/10399 & 10400/2010 2 4. The 2010 Resolution lays down the educational qualifications and other conditions required to be fulfilled by any candidate who is to be appointed as Anganwadi Sevikas. One of these criteria is that the candidate should have completed her S.S.C. Examination. 5. The Industrial Court has stayed the selection process for appointing Anganwadi Sevikas in consonance with the 2010 Resolution. This is because the industrial Court felt that there is a grey area between the two Resolutions which needs to be sorted out. 6. In my opinion, the impugned order of the Industrial Court cannot be continued during the pendency of the Complaint. This because the entire selection process would come to a stand still. The order is, therefore, set aside on the following terms and conditions : (i). The selection process for appointing Anganwadi Sevikas, which has been commenced, can be completed by the petitioners. However, all selected candidates shall be informed that their appointments to the post of “Anganwadi Sevikas” will be subject to the result in Complaints (ULP) Nos.254 of 2010 and 248 of 2010. (ii). Anganwadi Madatnises in Kolhapur District concerned in the present Complaints, being Complaints (ULP) Nos.254 of 2010 and 248 of 2010, who have the requisite qualifications as per the WP/10399 & 10400/2010 3 G.R. of 2010, namely, that she has completed her S.S.C. Examination; that she lives in the local area; she has two years experience, shall be appointed as “Anganwadi Sevikas” in preference to those who apply pursuant to the advertisement issued by the petitioners. (iii). The Industrial Court, Kolhapur shall dispose of the Complaints (ULP) Nos.254 of 2010 and 248 of 2010 within a period of three months from today. (iv). Parties to appear before the Industrial Court, Kolhapur, on 7th February, 2011 at 11 A.M. (iv). Writ to be sent down to the Industrial Court, Kolhapur, immediately. 7. The Writ Petitions are disposed of with the aforesaid directions. 8. Parties to act on the authenticated copy of this order.