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1989 Supreme(Raj) 61

D.L.MEHTA, S.S.BYAS
Chhutan Lal – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Appearance :
I.R. Saini, for the Appellant
Ashok Parihar, for the Respondents

Judgment

D.L. Mehta, J.-In this writ petition, the petitioner has challenged the termination of his services made by respondent No. 2. His case is that he was employed as Class IV employee in Government Primary School, Pathana, District Bharat’pur, on March 26, 1985. Later on his services were terminated on July 6, 1987. It is contended that the Panchayat Samiti, is an industry and the petitioner is a workman as defined in the Industrial Disputes Act, 1947. Since his services were terminated without making compliance of Section 25-F of the Industrial Disputes Act, the termination of service of the petitioner is illegal. In the reply submitted, it was contended that the petitioner is a part time employee and as such the writ petition is not maintainable. It was also contented that the services of the petitioner were terminated in July 1987, and the writ petition was filed in April, 1988. This delay has not been explained and the petitioner is not entitled for any relief

2. We have heard the learned Counsel for both the parties. The petitioner went before the Authority, under the Minimum Wages Act, and the Authority, by his order dated November 25, 1987, held that the petitioner was a








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