SANJAYKUAMAR KA PAWAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The matter has come up on a note filed by the counsel for the petitioner. The prayer has been made in the note that this matter may be heard at an early date. On the request of counsel for both the parties, the matter was taken up for hearing today.

(2.) Challenge is made by the petitioner to the order dated 30th November, 1990, Annexure 'C' under which his services were terminated.

(3.) The facts which are not in dispute are that the petitioner was appointed under the order dated 13-5-1988 for a period of one month only on daily wages basis as peon in the office of respondent No. 2. Under Annexure 'B' the daily wages services of the petitioner were extended till further orders, but it has been specifically mentioned in the said order that his services are temporary and liable to be terminated at any time. It is the case of the petitioner that he continued upto 20th March, 1990 thereafter he was prevented from signing the muster roll as well as performing his duties which compelled him to file a suit being regular Civil Suit No. 841/90 in the court of Civil Judge, (S.D.) Baroda challenging the aforesaid action of the respondent. In the suit, the petitioner had filed an application at Ex. 5 for interim injunction restraining the respondents from preventing the petitioner from signing the muster roll and from dismissing/terminating the services of the petitioner without following the due process of law. The interim injunction sought for below Ex. 5 has been granted by the trial court vide order dated 23rd November, 1990 restraining the respondents from preventing the petitioner from signing the muster roll as well as from dismissing/terminating the services of the petitioner without issuing the order'as mentioned in the order dated 22nd June, 1988. Under the order dated 23rd November, 1990, annexure 'C ' the services of the petitioner were terminated and hence this Special Civil Application.