PRAVEEN KUMAR SHRIVASTVA Vs. CHAMBAL KSHETRIYA GRAMIN BANK

JUDGEMENT

(1.) This is a petition under Articles 226 and 227 of the Constitution of India. The petitioner is seeking a direction to the effect that his termination of service which was in breach of the provisions of Section 25 of the Industrial Disputes Act, 1947, be set aside. The requisite averments with regard. to the period of service i. e., 240 days in one calendar year are contained in Para 3 of the petition. This para reads as under :

(2.) The reply given by the respondent Bank is vague. It has only been stated that the petition worked as a clerk and Safai Karmchari on daily wages for sometime. The reply reads as under :

(3.) The learned counsel for the petitioner has relied upon Fertilizer Corporation of India v. Hindustan Fertilizer Corporation Ltd., 1991 (2) MPJR 256 to content that where is breach of Section 25 (F) of the Act then a writ can be issued under Article 226 of the Constitution of India asking the respondents to re-instate the workman. In this view of the matter the contention of the petitioner that writ jurisdiction can be exercised in this case is upheld.