MAHESH BHARGAWA Vs. STATE OF M P

JUDGEMENT

(1.) AN order of termination of service of a clerk is under challenge in this writ petition.

(2.) THE petitioner Mahesh Bhargawa was given appointment as a casual clerk by M. P. Vidhik Sahayata Tatha Vidhik Salah Board (M. P. Legal Aid and Legal Advice Board, hereafter referred to as "board") for 89 days by order dated December 16, 1988 (Annexure P-1 ). He was posted to work in the Office of Tehsil Legal Aid and Advice Committee. Sheopurkalan in Morena District. He contined to work as Clerk even after the expiry of 89 days stipulated in the appointment order. Ultimately by order dated December 8, 1989 (Annexure P-2), said to have been served on the petitioner on December 22, 1989, his services were terminated with immediate effect. It is that order which is under challenge in this writ petition.

(3.) THE challenge was made on different grounds mentioned in the writ petition, but the only ground canvassed before us was that activities of the Board are 'industry' within the meaning of Section 2 (j) of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act") and the termination in question being retrenchment not fulfilling the prerequisites viz. one month's notice or pay in lieu thereof, payment of retrenchment compensation and notice to Government or an authority specified by it, mentioned in Section 25-F of the Act, the same was invalid and liable to be quashed.