R.V. Ghuge, J.

1. Rule. Rule made returnable forthwith. Heard finally by consent of the parties. The petitioner is the Zilla Parishad, under whose aegis, the Integrated Child Development Scheme is operated. The respondent was an "Aanganwadi Sevika". This matter arises out of the termination of the respondent by an order dated 19/21st January, 2009 w.e.f. 19-1-2009, a complaint filed by her before the Labour Court, challenging her termination and the judgment of the Industrial Court, granting reinstatement with continuity and full backwages to the respondent.

2. The petitioners, being aggrieved by the impugned judgment of the Industrial Court dated 17-9-2013 in Revision ULP No. 76/2011, granting the respondent the relief of reinstatement with continuity and full backwages, has preferred this writ petition.

3. Mr. S.T. Shelke, appearing on behalf of the petitioners has summarized the facts of the case as under :--

"(a) The respondent employee joined service as "Aanganwadi Sevika" in 1990, at Jundarwadi (Takalimiya) in Rahuri Tahsil.

(b) There was a termination in 1994, which occurred on account of her frequent absenteeism, which was triggered off on account of personal and domestic problems.

(c) By a compromise between the respondent and the petitioners, she has withdrawn the complaint filed before the Labour Court and was reinstated on 10-5-1999 at Shindewasti, Takalimiya, Aanganwadi No. 200.

(d) There were complaints against the respondent from the villagers at the place where she was discharging her duties as an "Aanganwadi Sevika".

(e) By an order dated 19/21st January 2009, she was terminated from employment on account of misdeeds committed while in service. Her termination is w.e.f. 19-1-2009.

(f) The respondent filed complaint (ULP) No. 4/2009 before the Labour Court at Ahmednagar, challenging her said termination. By judgment and order dated 8-9-2011, her complaint was dismissed.

(g) She preferred revision ULP No. 76/2011 before the Industrial Court at Ahmednagar.

(h) By a judgment and order dated 3-11-2012, the revision was allowed.

(i) The petitioners challenged the said judgment of the Industrial Court by filing W.P. No. 1686/2013 before this Court, which was allowed on 24-6-2013 and the revision petition was remanded back to the Industrial Court for a proper adjudication.

(j) By judgment dated 17-9-2013, the Industrial Court allowed the revision petition, set aside the judgment of the Labour Court dated 08-9-2011 and granted the relief of reinstatement with continuity and full backwages to the respondent. Her complaint was thus allowed.

(k) The Industrial Court has interfered with the action of the petitioners only on the ground that the termination of the respondent was stigmatic and without conducting a domestic inquiry.

(l) Government Resolution dated 12-4-2007 has been specifically made applicable to the Zilla Parishad and the Aanganwadi Sevika (Karyakarti), Madatnis (Helper) and Mini Aanganwadi Karyakari. The object of the Government Resolution is to afford an opportunity of hearing to such lady employees before terminating their services.

(m) An honorarium is paid to such "Aanganwadi Sevika/Madatnis" and there has not been any wage or salary structure.

(n) The Aanganwadi Sevika cannot be termed to be a workman under section 2(s) of The Industrial Disputes Act, 1947 and under section 3(5) of The M.R.T.U. and P.U.L.P. Act.

(o) The Model Standing Order cannot be said to be applicable to such "Aanganwadi Sevika".

(p) Regular departmental inquiry is not required to be conducted into the allegations levelled upon an "Aanganwadi Sevika" as they are covered by the said Government Resolution dated 12-4-2007.

(q) An opportunity of hearing and an opportunity of improving her conduct was afforded to the respondent. Since she did not improve her conduct and since there were growing complaints against her, her services were terminated.

(r) It is not in dispute that her services were terminated on account of misdeeds/misdemeanours.

(s) Rel