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1983 Supreme(Bom) 381

H.N.KANTHARIA, D.M.DHARMADHIKARI
SHAMSUDEEN ABDUL RAHIM – Appellant
Versus
NATIONAL DAIRY DEVELOPMENT BOARD, ANAND – Respondent


JUDGMENT :

C.S. Dharmadhikari and H.H. Kanthari, JJ.

1. By this writ petition under Art. 206 of the Constitution of India, the petitioner challenged the legality and propriety of an order dated 18th October, 1982, passed by and on behalf of the National Dairy Development Board, Anand, Gujarat State (hereinafter referred to as 'the Board') terminating the services of the Petitioner No. 1 with immediate effect. The relief prayed for by the petitioners is for setting aside the said order and reinstatement of Petitioner No. 1 with full back wages and continuity of service.

2. The facts giving rise to this writ petition are that Shamsudeen Abdul Rahim (petitioner No. 1) was appointed as an "Extension Worker" by an order dated 19th July, 1974 by the Board. Thereafter by an order dated 28th March, 1979 he was appointed as an "Extension Assistant" in the scale of Rs. 500-900. He was confirmed by an order dated 1st April, 1980 in the post of an "Extension Assistant". According to the petitioners the National Dairy Employees Federation (Petitioner No. 2) is a registered trade Union formed on 12th April, 1981 with its headquarters at Erode in Tamil Nadu State. Petitioner No. 1 is the General Sec

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