MUNIR Vs. MUNICIPAL BOARD NIMBAHEDA

JUDGEMENT

(1.) THE petition raises a very short question. THE undisputed fact is this that petitioner was employed by respondent No. l on daily wages from 11. 2. 88 to 31. 12. 88 in the first instance and thereafter from 1. 2. 89 to 31. 07. 1989, excepting for the period between 1st May 1989 to 5th May 1989. On 31st July 1989 the petitioners services were terminated without complying with the provisions of Sec. 25f of the Industrial Dispute Act and the petitioner filed this petition on 11. 8. 89 challenging the validity of termination order, inter-alia, on the ground that petitioner having already completed more than 240 days of service during 12 months immediately preceding the date on which termination of services have taken place and one month's notice under section 25f or salary in lieu of one month's notice alongwith the retrenchment compensation has not been paid before valid retrenchment could take place.

(2.) THE only plea raised in defence is that the petitioner's services were not terminated but he voluntarily relinquished his services on 31. 07. 1989 and, therefore, certificate of efficient working was issued to him at his request.