MANOHAR LAL Vs. CENTRAL WAREHOUSING CORPORATION

JUDGEMENT

(1.) THIS order will dispose of Civil Writ Petitions 3330 and 9238 of 1987 as common questions of law and fact arise in them. For the sake of convenience , facts are being taken from Civil Writ Petition 9238 of 1987.

(2.) THE petitioner was appointed as a Ware House Assistant Grade -II (WA -II) of 20.3.1979 on daily wages and was drawing a monthly salary of Rs. 300/ -. He was posted in the office of Ware House Manager, Central Ware House, Abohar -I. His services were terminated with effect from 23.5.1987 as he was not found fit to be retained in the service of the Central Ware Housing Corporation (for short 'the Corporation'). He was also given alongwith the order of termination a demand draft in a sum of Rs. 2000/ - as one 'months' pay in lieu of notice period and also compensation as provided under Section 25(F) of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act). It is this order that has been challenged in the present petition filed under Article 226 of the Constitution.

(3.) IN the written Statement filed on behalf of the respondents, it is admitted that the services of the petitioner who was a daily wager were terminated because he could not pass the typing test in spite of the several opportunities that he availed of and, therefore, he was not found fit to be kept in the service of the Corporation. It is denied that the order is, in any way, stigmatic. It is further pleaded on behalf of the respondents that the provisions of Section 25 -N of the Act are not applicable to the Corporation and that the provisions of Section 25 -F were complied with before the terminating the services of the petitioner.