PRATHAMSINH NARSINH PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) IN this petition, filed under Article 226/227 of the Constitution of India, the petitioner has made following prayers in paragraph No.25:

(2.) THE petitioner was appointed as a clerk by the respondent No.4 by order dated 08.09.1982 on purely adhoc basis. The services of the petitioner was then terminated by order dated 23.03.1984 on the ground that other regularly selected candidates were required to be given appointment and the petitioner was to be relieved. It is the case of the petitioner that though the petitioner was appointed as temporary employee, however, the nature of his appointment was subsequently changed by giving him order for period of 29 days with artificial breaks on different occasions. The petitioner therefore challenged the action of the respondents, terminating his services by filing Special Civil Application No.1777 of 1984, mainly on the ground that the action terminating his services was in breach of the provisions of Section 25F of the Industrial Disputes Act.

(3.) THE respondents unsuccessfully carried the matter before the Hon'ble Division Bench of this Court by preferring Letters Patent Appeal No.537 of 1996. The said Letters Patent Appeal was partly allowed vide judgment and order dated 28.04.1997 in so far as the order of backwages was concerned. Though, the order of reinstatement was confirmed but the petitioner was made entitled to back wages to the extent of 60%.