MOHAMMAD ISMAIL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition has been filed by the above-named petitioner in this Court under Article 226 of the Constitution of India in the matter of alleged violation of Articles 14, 16, 19, 21, 300a and 311 of the Constitution of India and in the matter of relevant provisions of the Industrial Disputes Act, 1947.

(2.) THE petitioner who is a project based employee of the respondent and was appointed as daily wager in the office of Tehsildar, Sikar (Respondent No. 3) vide order, dated October 3, 1987, has filed this writ petition claiming the right of continuity in service on the ground that he has completed more than 240 days of service and since the office of Tehsildar is an industry within the ambit of Section 2-J and 25 respectively of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act"), and as such the petitioner could not be retrenched from service as the same has resulted in deprivation of his right to live and liberty.

(3.) THE facts giving rise to the filing of this writ petition briefly stated is that the petitioner is a resident of Sikar and after passing his Higher Secondary Examination in Commerce in the year 1986 from Sikar, enrolled in the office of District Employment Officer, Sikar, he was appointed as daily wager as Lower Division Clerk (for short 'ldc') in the office of Tehsildar, Sikar vide order dated October 3, 1987 on daily wages of Rs. 15/- per day which was later on increased to Rs. 20/- per day upto February 28, 1988 or till and other order whichever was earlier. The petitioner joined his duty w. e. f. October 5, 1087 in the office of Tehsildar, Sikar and continued on the said post till February 28, 1988 and thereafter the services of the petitioner were extended by Respondent No. 2, Collector, Sikar. Thereafter the services of the petitioner were terminated vide order, dated September 30, 1988 vide Annexure 3 passed by Tehsildar, Sikar.