The court emphasized that the Policy of outsourcing should not bypass legislation and that an oral termination without reasonable cause is arbitrary and violates fundamental rights.

ORDER :

1. Rule returnable forthwith. Learned AGP waives service of notice of rule on behalf of the respondent – State.

2. Heard learned advocate Ms. Vidhi J. Bhatt on behalf of the petitioner and learned AGP Mr. Sahil Trivedi on behalf of the respondent – State.

3. By way of this petition, the petitioner was working as a daily wager Peon-cum-Driver with the respondent Nos.2 & 4, has challenged the decision of the respondents of orally terminating his services after 20 years of employment and further seeks reliefs for grant of benefit under G.R. dated 17.10.1988.

4. The prayers as sought for in the petition are as follows:-

“(A) Your Lordships may be pleased to issue a writ of certiorari or any other appropriate writ, order or direction, declaring the oral termination of the petitioner on 05.04.2020 by the respondent no.4 as bad in law, illegal, arbitrary, capricious and violative of their fundamental rights guaranteed under Article 14, 16 and 21 of the Constitution of India and thus null and void;

(B) Your Lordships may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction, commanding or directing the respondent authorities to reinstate the petitioner in service with all the consequential benefits, including continuity of service and other consequential benefits that flow from such continuity of service, including arrears of wages;

(C) Your Lordships may be pleased to issue a writ of certiorari or any other appropriate writ, order or direction, declaring the inaction on the part of the respondent authorities in considering the case of the petitioner for grant of the benefits of Government Resolution dated 17.10.1988 as bad in law, arbitrary, capricious and violative of petitioners fundamental rights guaranteed under Articles 14, 16 and 21 of the Constitution of India;

(D) Your Lordships may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction, commanding the respondents herein to reinstate the petitioner in service and extend him the benefits of the scheme contained in Government Resolution dated 17.10.1988;

(E) Your Lordships may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to release the wages of the petitioner from 01.01.2020 till the date of his oral termination on 05.04.2020;

(F) Your Lordships may be pleased to issue a writ of certiorari or any other appropriate writ, order or direction, declaring the egregious action on the part of the respondent authorities of replacing the petitioner and ad hoc employee by another ad hoc employee and engaging contract labourer through an outsourcing agency as opposed to the mandate of the Directive Principles contained in Articles 38, 39, 41, 42, 43 and 47 of the Constitution, and thus violative of Articles 14, 16 and 21 of the Constitution and quashing and setting aside the same;

(G) Pending admission and final hearing of the present petition, Your Lordships may be pleased to direct the respondents to reinstate the petitioners in service immediately;

(H) Pending admission and final hearing of the present petition, Your Lordships may be pleased to direct the respondents to release the wages of the petitioners from 01.01.2020 till the date of his oral termination on 05.04.2020 immediately; and

(I) Your Lordships be pleased to pass any other appropriate order as deemed fit in the interest of justice.”

5. At the outset, learned AGP Mr. Sahil Trivedi raises a preliminary objection as regards maintainability of the present petition interalia submitting that the petitioner challenging his oral termination, has an alternative efficacious statutory remedy under the Industrial Disputes Act and whereas under such circumstances, the present petition may not be entertained.

5.1 As against the same, learned advocate Ms. Bhatt for the petitioner would rely upon decision of learned coordinate bench of this Court in Special Civil Application No.17721 of 2015 dated 15.03.201