RANCHHODJI C CHAUHAN Vs. DISTRICT PANCHAYAT

JUDGEMENT

(1.) This petition is filed by the petitioner for an appropriate writ, order or direction quashing and setting aside the order dated September 17, 1973 at Annexure `A' to the petition as also the award ,Annexure `B' dated June 15, 1987 passed by the Presiding Officer of the Special Labour Court,Ahmedabad. The case of the petitioner was that he was appointed as work-charge Karkun by the District Panchayat, Banaskantha, respondent No.1 and was working since February 5, 1973. Vide an order dated September 17,1973, his services were terminated without issuing any notice, calling for his explanation and observing principles of natural justice.

(2.) Being aggrieved by the order, he approached the Labour Court and the Labour court, by the impugned order did not grant relief though it held that the petitioner was serving with the respondent-Panchayat and that his services were terminated. The Labour court, however, observed that in case respondent No.1 will make new recruitment, an opportunity will be afforded to the petitioner and the petitioner will be provided employment. Rule was issued in the petition and today, the matter is taken up for final hearing.

(3.) Mr.Parth Y. Divyeshwar for Mr. M.R.Anand for the petitioner raised several contentions. He submitted that the order of termination of services was passed without issuing notice to the petitioner , without calling for his explanation and observing principles of natural justice. It is,therefore, illegal, arbitrary and unreasonable. It was also submitted that though the petitioner was similarly situated with other employees, persons junior to him were retained in service whereas, services of the petitioner were terminated. Accordingly, action was violative of Articles 14 and 16 of the Constitution. He further submitted that in the facts and circumstances of the case, the Labour Court was not right in not granting benefits and not passing award in favour of the petitioner.