GULABSINGH CHAUHAN Vs. STATE OF M P

JUDGEMENT

(1.) This is a petition under Articles 226 and 227 of the Constitution of India. This is petitioner's second round before this Court.

(2.) The petitioner made a representation against the termination of his services. The Government of Madhya Pradesh in the General Administration Department passed an order dated 21 -3 -1972 (Annexure -6) of the petition to the effect that since petitioner's services alongwith services of three other persons were terminated under the orders of the Minister concerned in May 1971, no interference could be made on his representation. This letter was signed by the then Chief Secretary of the State Government.

(3.) The order of termination has been challenged by the petitioner on various grounds, but the grounds canvassed before me by the learned counsel for the petitioner are as follows - It was urged firstly, that termination of petitioner's services was by way of punishment at the instance of the Minister. Secondly, a month's notice was not given to him while terminating his services. Thirdly, his juniors had been retained and, therefore, termination of his services was discriminatory and violative of Articles 14 and 16 of the Constitution. Lastly, the department of Public Health and Family Planning in the State Government is 'Industry' within the meaning of the Industrial Disputes Act (hereinafter referred to as the 'Act') and the petitioner was a "workman". Termination of his services amounted to retrenchment and without payment of retrenchment compensation as required under Section 25F of the Act, it was invalid and liable to be quashed.