ZAMIL MOHAMMAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a writ petition by Zamil Mohammad under Art. 226 of the Constitution of India praying for a declaration that the verbal termination of his employment as Ward-boy with effect from January 25, 1989 made by respondent No. 2 may be quashed and respondents be directed to reinstate the petitioner in the cadre of Ward-boy (C lass IV) on regular post and in regular pay scale as admissible to the regularly appomteo Class IV employee with all consequential benefits. According to the petitioner he was appointed as Class IV employee as Ward-boy with effect from March '1,1988 in Mahila Chikitsalaya, Sanganeri Gate Jaipur and was continuously working as such. However, without any cause or justification his services were terminated by verbal orders with effect from January 25, 1989. It is the case of the petitioner that Mahila Chikitsalaya is an 'industry' and the petitioner was a workman. Consequently, according to him, there has been violation of Sec. 25f of the Industrial Disputes Act in as neither one month's notice nor salary in lieu of notice and nor any compensation has been given to the petitioner by the respondents.

(2.) REPLY to the writ petition has been filed by the respondents. The respondents' case is that Mahila Chikitsalaya is not an 'industry' and the provisions of the Industrial Disputes Act, 1947 do not apply. It is: also the case of the respondents that the petitioner was initially appoined as Class IV employee only on daily wages on March 1, 1988. The petitioner habitually used to remain absent from his duty and, since January 25, 1989, the petitioner wilfully absented himself from his duties. .