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1993 Supreme(Guj) 179

A.P.RAVANI, J.M.PANCHAL
K. S. JOY – Appellant
Versus
INDIAN INSTITUTE OF MANAGEMENT – Respondent


Advocates Appeared: H.M.MEHTA, K.S.Nanavati, M.B.BUCH, SAILESH BRAHMABHATT

RAVANI, J.

( 1 ) THE petitioner was serving as Office Assistant with respondent No. 1-Indian Institute of Management, Ahmedabad (for short "iim" ). His services have been terminated by order dt. 20/09/1988 with immediate effect on payment of one months salary and retrenchment compensation. The petitioner has challenged the legality and validity of this order and prayed for reinstatement in service with all consequential benefits.

( 2 ) THE petitioner was appointed as Upper Division Clerk by order dated 31/05/1967. After confirmation on this post he was promoted as Office assistant some time in June, 1973. The petitioner was the Secretary of the Union, i. e. , Indian Institute of Management Employees Association and in this capacity he has sponsored, several litigations and represented the cause of the employees before the authorities of respondent No. 1-Institute.

( 3 ) THE petitioner has averred with regard to his activities and the grievances which he raised against the management of respondent No. 1 institute and against certain Officers. It is his contention that the order of termination of service is penal order; it is not an order of termination simpliciter of service; that it



























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