DEVI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN this petition under Article 226 of the Constitution, the petitioner assails order Ex. 10 dated October JO, 1981 by which the respondent No 2 viz. The Child Development Project Officer, Wair terminated his services.

(2.) MATERIAL facts may be noticed in brief. The petitioner was appointed as a Chowkidar vide order Ex 1 dated 26. 8. 1986 by respondent No. 2 viz. the Child Development Project Officer, Women Child and Nutrition Department on daily wages for a period of three months. He joined the duty on that very day, and continued to work. The term of his service was extended from time to time by-orders' Ex. 2 to Ex. 9. He continued to work under these orders. His services were terminated by the impugned order Ex. 10 dated 10-10-1988 w. e. f. 12. 10. 1988. The petitioner challenges the termination of his service on the grounds that the Department of Women Child and Nutrition, is an industry and he was a workman therein. The termination of his service amounts to retrenchment as defined in the Industrial Disputes Act, 1947 (for short 'the Act' ). The retrenchment was made without following the mandates of S. 25-F of the Act. No notice of requisite period was given to him nor wages in lieu of the period of notice nor compensation were paid or offered or tendered to him. The retrenchment is thus bad and illegal It is prayed that the petitioner should be forthwith reinstated with back wages,

(3.) WE shall take the firs? question to start with. Learned counsel for both the parties made available to us the entire literature relating with the activities, functions, achievements etc. of the Department of Women, Child and Nutrition, Govt. of Rajasthan published by this department itself. WE have carefully gone through the literature and we have no hesitation to arrive at the conclusion that the department of Women, Child and Nutrition is an industry. The activities of the department as mentioned in the pamphlets 'women Power : Struggle and Success' issued by the department includes the economic programmes such as loan facilities to urban, women for setting up industries, setting up small or cottage industries and providing loons for them such as loan for domesticating buffaloes and loan for looms for weaving cloth etc. The activities also include the steps to be taken to improve the nutritional and health status of children below the age of six years, to lay the foundation for the social development of the child, to reduce the incidence of mortality, morbidity. malnutrition and school drop out etc. as mentioned in the Manual on Integrated Child Development Services issued by the National Institute of Public Cooperation and Child Development, New Delhi. The activities and functions of the Women, Child and Nutrition department are for the amelioration of the child and women by providing all possible help to them including that of seeking or providing employment to the women. All these activities and functions in our opinion are sufficient to make the department of Women, Child and Nutrition an industry as defined in the Act.