STATE OF GUJARAT Vs. DILIP PARSHOTTAM SONI

JUDGEMENT

(1.) THIS appeal under Section 100 of the Civil Procedure Code is filed by the original defendants who are State and its authorities against whom the respondent had filed Regular Civil Suit No.286 of 1997 challenging termination of his service as daily wager by oral order by seeking declaration that such oral order of termination of service is illegal and in breach of the principles of natural justice.

(2.) THE case of the plaintiff is that he was appointed as daily wager for Machchhu Irrigation Project on 21.02.1982 and he served upto 20.06.1987 and his service was put to an end by oral order dated 20.06.1987 without following due procedure of law. It is further case of the plaintiff that he had put in continuous service from 21.02.1982 to 20.06.1987 and considering his continuous service, he was required to be given benefit of leave etc. .

(3.) LEARNED Trial Judge came to the conclusion that there was artificial break given to the plaintiff at the end of 29 days and that since the plaintiff had put in continuous service from 1982 to 1987, his service could not be put to an end without following due procedure of law. The learned Trial Judge came to the conclusion that there was violation of Rule 33 of the Bombay Civil Services Rules and, therefore, the plaintiff was entitled to be reinstated in service. Accordingly, the learned Trial Judge allowed the suit and declared that the termination of service of the plaintiff by oral order was illegal and void and further declared the plaintiff entitled to be reinstated in service with full back wages. The learned Trial Judge directed the appellants to reinstate the plaintiff on the post of work charge employee on temporary basis at minimum scale by considering of the service of the plaintiff as continuous service.