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1987 Supreme(Raj) 874

P.C.JAIN, I.S.ISRANI
Mahesh Choudhary – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioner:M.K. Shah, Advocate.
For the State :S.B. Mathur, Advocate.

JUDGMENT

1. - In this writ petition, the petitioner Mahesh Choudhary. seeks to challenge the order of termination dated 2nd February, 1947, on the ground that the termination of his services amounts to retrenchment and being violative of Section 25-F of the Industrial Disputes Act, it is void and illegal.

2. Briefly stated, the facts of the case are that the petitioner was appointed in the Government Press on the post of Peon on daily wages basis in July, 198;. The services of the petitioner were terminated by respondent No. 3, the Superintendent (Technical), Government Press, Jaipur without assigning any reason.

3. The main grievance of the petitioner is that the termination of the services is in breach of the mandatory provisions of Section 25F of the Industrial Disputes Act, 1947 and, therefore, the impugned order of termination is void and illegal.

4. A notice to show cause was issued as to why the writ petition should not be admitted and allowed. In reply to the said notice the respondents have filed a reply contending that the petitioner was a daily rated employee and that he has an alternative efficacious remedy available to him by raising an industrial dispute Shri Mathur, lea









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