MP HC Declines Daily-Wage Municipal Operator’s Termination Challenge, Leaving Him Free To Pursue A Labour Court Remedy

The petitioner, engaged as a daily-wage Computer Operator under Rule 152 of the Municipal Accounts Rules, 1971, challenged the order dated 24 April 2025 discontinuing his services.

He alleged that the Chief Municipal Officer lacked authority to terminate him without approval of the President-in-Council, that the action was punitive and taken without notice or hearing, and that it was motivated by mala fides.

The respondents maintained that the discontinuation was an administrative decision based on his performance and submitted that he had an alternative remedy before the Labour Court.

The petitioner sought quashing of the order and related relief under Article 226 of the Constitution.

Article 226 confers extraordinary writ jurisdiction, but the Court may decline to exercise it where an efficacious alternative remedy is available.

Disputes concerning the nature of employment, the legality of termination, and alleged breaches of service conditions may be appropriately examined by the competent Labour Court where they involve factual questions.

Rule 152 of the Municipal Accounts Rules, 1971, and the parties’ authorities were referred to in argument, but the Court did not determine their application or the merits of the termination.

The Court treated the dispute as one concerning discontinuation of a daily-wage employee’s services and considered that the nature of the engagement, the legality of termination, and compliance with service conditions involved factual issues suitable for determination by the Labour Court.

Because that alternative remedy was available, the Court declined to examine the petitioner’s allegations regarding authority, natural justice, and mala fides, and expressly left the merits open.

It granted the petitioner liberty to approach the competent Labour Court, directed that any such proceedings be decided independently on their merits and without influence from the writ order, and dismissed the petition without costs.