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1993 Supreme(MP) 172

S.K.DUBEY, S.K.CHAWLA
Mahesh Bhargava – Appellant
Versus
State of M. P. – Respondent


Advocates:
B.N. Upauhyaya for petitioner; P.N. Kelkar, Additional Advocate General for respondent No.1; Arvind Dudawat for respondent No.2.

ORDER

S.K. Chawla, J. -- 1. An order of termination of service of a clerk is under challenge in this writ petition.

2. The petitioner Mahesh Bhargava was given appointment as a casual clerk ¼uSfefRrd fyfid½ by M.P. Vidhik Sahayata Tatha Vidhik Salah Board (M.P. Legal Aid and Legal Advice Board, hereafter referred to as "Board), for 89 days by order dated 16.12.1988 (Annexure P-1). He was posted to work in the office of Tehsil Legal Aid and Advice committee, Sheopurkalan in Morena District. He continued to work as Clerk even after the expiry of 89 days stipulated in the appointment order. Ultimately, by order dated 8.12.1989 (Annexure P-2), said to have been served on the petitioner on 22.12.1989, his services were terminated with immediate effect. It, is that order which is under challenge in this writ petition.

3. The challenge was made on different grounds mentioned in the writ-petition, but the only ground canvassed before us was that activities of the Board are 'industry' within the meaning of section 20) of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act") and the termination in question being retrenchment not fulfilling the pre-requisites viz one month's













































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