S R PAPANNA Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition in which the petitioner, who is an ex-employee of the Railways has prayed for quashing the order by which his services were terminated, the following questions of law arise for consideration: (i) Whether the termination of services of the petitioner who is a civil servant and also a workman as defined in the Industrial Disputes Act (hereinafter referred to as 'the Act') without complying with the conditions laid down in S. 25F of the Act is invalid? (ii) Whether the petitioner, who is a civil servant and also a workman as defined in the Act can seek relief against an order of termination made in contravention of S. 25F of the Act in a petition under Art. 226 of the Constitution or he should resort to the remedy available under the Act?

(2.) The facts of the case are as follows: The petitioner was appointed as a Ticket Collector as per order dated 19-7-76 made by the Assistant Personnel Officer, Hubli. Pursuant to the said order, the petitioner reported for duty. He was continuing in service. A notice dated 15th February, 1979 Annexure-C was issued informing the petitioner that he was being given one month's notice of termination of his service. After the expiry of one month notice period, order of termination dated 29-3-79 was issued. This order reads as follows:

(3.) Sri K. Subba Rao, learned counsel appearing for the petitioner raised the following contentions: (i) The order of termination amounts to imposition of penalty of removal from service and, therefore, violative of Article 311(2) of the Constitution. (ii) The order of termination was issued by an authority lower in rank than the appointing authority and, therefore, it is bad for contravention of Art 311(1) of the Constitution. (iii) The petitioner was a workman within the meaning of that expression as used in the Act and as the petitioner had completed more than 240 days of service before the date of termination, termination was void as it amounts to retrenchment without complying with the condition precedent for the making of retrenchment as provided under clause (b) to sec. 25 of the Act.