ANANDA RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition has been filed by Ananda Ram under Art. 226 of the Constitution of India praying that the order (Ex. 3) of respondent No. 2 Deputy Locust Entomologist, Jodhpur, dated 8 -7 -1978 as endorsed to him by respondent No. 3 Assistant Locust -Entomologist in charge, Banner Circle, Banner, on 14 -7 -78 may be quashed. It has also been prayed that the writ may also be issued to the respondents directing them to continue him in service as before paying him all arrears of pay & other benefits permissible to him. The facts giving rise to this petition may briefly be stated as under. The petitioner was appointed as a Chowkidar in the year 1965. As per orders of respondent No. 2 contained in his letter No. F -1 -2/6/69 Adm. dated November 19, 1969 addressed to respondent No. 3 in connection with regularisation of the petitioner's Service, his salary was fixed at Rs. 82.00 per month with effect from October 1, 1969. Photostat copy of the aforesaid memorandum as endorsed to the petitioner by respondent No. 3 vide No. F -1 -8/69 Adm. dated November 25, 1969 was submitted along with the petition. Vide office order No. F -1 -20/90 Adm. (Ex. 1) dated April 9, 1970, the petitioner was appointed as Chowkidar (payable from contingencies) at Locust Outpost, Barmer, retrospectively with effect from September 30, 1967. As he had completed more than two years' continuous service, he was allowed to draw consolidated wages at Rs. 82.00 per month with effect from March 1, 1970. The petitioner continued in service thereafter. However, respondent No. 2, vide his No. F -1 -8/78 Adm. dated July 8, 1978 addressed to respondent No. 3, conveyed that the petitioner may get himself sponsored by the Employment Exchange Barmer, failing which, his services may be terminated and new person may be engaged through the Employment Exchange. The case of the petitioner is that though he was not obliged to approach the Employment Exchange, still met the officer concerned who told him that he had become over age for the Central Government Services & as such, cannot be registered and sponsored for it. Respondent No. 3, without any notice or written order, orally told him not to come on duty from November 1, 1978 and thus, his services stood terminated from November 1, 1978. He has challenged the order (Ex. 3) of respondent No. 2 dated July 8, 1978 as endorsed to the petitioner by respondent No. 3 on July 14, 1978 on various grounds which will be discussed hereafter.

(2.) THE respondents submitted their reply to the writ petition on February 9, 1979. It was stated by them that the petitioner applied to be appointed as a Chowkidar vide his application (Ex. R/2) dated 13 -9 -1967. In response to his application, the petitioner was engaged as daily paid Mazdoor vide memorandum (Ex. R/1) dated October 9, 1967 at Rs. 2.00 per day at Barmer with effect from September 13, 1967 as Chowkidar & the appointment was purely temporary and did not confer any title for permanent employment. As regards memorandum (Ex. 1) dated November 19, 1969, it was stated that it only relates to consolidated wages and not to the regularisation of the petitioner's services, Same was said with respect to office order (Ex. 2) dated April 9, 1970. According to the respondents, the petitioner continued to remain on daily wages only. It was pleaded by the respondents that at the time of review of the cases of daily paid employees for regular appointments during 1978, it was detected that the initial appointment of the petitioner was irregular as he was not sponsored by the Employment Exchange as required under the Employment Exchange (Compulsory Notification of Vacancies) Act, (for short 'the Act of 1959' hereafter) 1959 and Rules made thereunder and it was also contrary to the terms laid down in the Government of India, Ministry of Home Affairs O.M. No. F. 6/52/60 -Est (A) dated February 16, 1961 (Ex. R5); No. 16/10/66 -Estt (D) dated December 2, 1966 (Ex. R6) and No. 14/22/65. -Estt (D) dated June 12, 1966 (Ex. 7). In was therefore, submitted that all the appointments of casual labour were to be made only through the Employment Exchange and as the appointment of the petitioner was irregular, it could not be regularised unless he got himself sponsored by the Employment Exchange. In these circumstances, order dated July 8, 1978 was issued asking the petitioner to get himself sponsored by the Employment Exchange failing which he could not continue in service. As he failed to get himself sponsored by the Employment' Exchange, his services were terminated with effect from October 31, 1978 after noon. The copy of the order dated 21 -1 -1978 showing that his services were terminated from 31 -10 -1978 afternoon has been filed with the reply marked Ex. R/8. It was pleaded that the petitioner was a daily wage labour getting daily wages per month paid from contingency and, therefore, he had no right to the post and his services could be terminated. It was, therefore, prayed by the respondents that the writ petition filed by the petitioner may be dismissed.

(3.) IT was contended by the learned counsel for the petitioner that the petitioner was a "workman" within the meaning of S. 2(s) of the Industrial Disputes Act (No. XIV of 1947) (for short, 'the Act' hereinafter) employed in Anti Locust Department, which is an 'Industry' as defined in section 2(j) of the Act and termination of his services will amount to retrenchment. As before retrenching his services, procedure for retrenchment laid down in section 25G of the Act was not followed and conditions precedent to retrenchment provided in section 25F of the Act were not complied with, it was contended, that the order terminating his services was illegal and void. Mr. Vyas, the Central Government standing counsel, strenuously contended that the Anti -Locust Department dots not come within the definition of the term 'Industry' for, it is a Central Government Department and the activities of the organisation are not analogous to any trade or business and, therefore, the provisions of the Act are not at all applicable.