SANWAR MAL Vs. STATE

JUDGEMENT

(1.) THE petitioner by this writ petition has prayed that he was appointed as Gardener on 8. 4. 1986 and thereafter his services were used as Chowkidar Krishi Upaj Mandi Samiti, Merta City but on 4. 8. 1988 his services have been terminated. THE grievance of the petitioner is that he has been in service of the respondents from 8. 4. 1986 till 4. 8. 1988, and suddenly his services have been terminated by the Krishi Upaj Mandi Samiti without complying with the provisions of Section 25-F of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act' ).

(2.) IT is not disputed that the petitioner has completed more than 240 days and it is also not disputed that he has not been paid compensation as required by Section 25-F of the Act. Since the Krishi Upaj Mandi Samiti Merta City is an industry as laid down by the various decisions of this Court and the petitioner has completed more than 240 days, therefore, before terminating the services of the petitioner, the compliance of Section 25-F is a condition precedent. The compliance of Section 25-F of the Act in the present case has not been done. As such the order Annex. 2 dated 4. 8. 1988 is quashed. The petitioner is also entitled to all the consequential benefits. However, it will be open for the respondents to pass proper order in accordance with law.