RAMJAN KHAN Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) With the consent of the Advocates for the respective parties this matter is heard finally.

(2.) It is the case of the petitioner that he was appointed by the Nagar Palika, Jhalawar as Lineman by order dated 6.4.1982 and since then he is serving with the Nagar Palika, Jhalawar on that post. The Nagar Palika, Jhalawar gave him a notice on 8.11.2000 of three months (Annex.4 to the writ petition) exercising the powers under section 25-N of the Industrial Disputes Act, 1947 (hereinafter to be referred in short as 'the Act of 1947) for termination of his services. The petitioner approached this court challenging the notice issued on 8.11.2000.

(3.) It is contended by the counsel for the petitioner that in the facts and circumstances of the case the provisions of section 25-N of the Act of 1947 has no application to the petitioner and thus, Nagar Palika, Jhalawar could not exercise the powers under section 25-N of the Act of 1947. Section 25-N of the Act of 1947 is a protection afforded to a workman employed in any industrial establishment to which Chapter V-B of the Act applies and who has been in continuous service for not less than one year with the employer. The provisions of section 25-N of the Act of 1947 are applicable to industrial establishment as defined under section 25-L (a) of the Act of 1947. Section 25-L defines 'industrial establishment' which means: