NAZIR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India seeking mandamus directing the respondents to reinstate the petitioner by quashing the notice of retrenchment dated December 30, 1986. (Annex. 2 ).

(2.) THE petitioner entered in the service of the respondents as a Chowkidar on February 1, 1984 on the daily wages of Rs. 11/-, The appointment of the petitioner was on verbal instructions. The service of the petitioner was terminated by the order dated December 30, 1986 (Annex. 2 ).

(3.) THE petitioner contended that he being in service for the last more than two years had become a workman within the meaning of Section 2 (s) of the Industrial Disputes Act, 1947 (hereinafter to be referred as 'the Act') and that he could not be retrenched without following the provisions of Section 25-F (a) and (b) of the Act. He claimed that he was entitled to be declared as semi-permanent under Rule - 3 (3) of the Rajasthan Work-charged Employees Service Rules, 1964 (hereinafter to be referred as 'the Rules' ). Rule 3 (3) of the Rules reads as under: -