S GOVINDARAJU Vs. K S R T C

JUDGEMENT

(1.) Special leave 'to appeal is granted.

(2.) This appeal is directed against the order of the High Court of Karnataka dismissing the respondents' writ petition under Art. 226 of the Constitution challenging the order of termination of service on the ground that it was violalive of Sec. 25f of the industrial Disputes Act, 1947.

(3.) Briefly the facts giving rise to this appeal are that the appellant was selected for appointment as Conductor in the Karnataka State Road Transport corporation constituted under the Transport Act, 1950, his name was placed on the select list prepared by the Selection committee constituted under the Karnataka State Road Transport Corporation (Cadre and Recruitment) Regulation 1982. He was not given a regular appointment but he was appointed to work as conductor in temporary vacancy. He continued to work for a period of more than 240 days. While he was working as conductor his services were terminated by the Order dt. 2-4/5 of 1985 on the ground of his being found unsuitable for the post. The termination order further directed that the appellant would forfeit his chance for appointment in terms of selection and his name shall stand deleted from the select list. The appellant challenged the validity of termination order before the high Court of Karnataka by means of a petition under Art. 226 of the Constitution on the ground that the order of termination was void and illegal for the non-compliance of Sec. 25f of the industrial Disputes Act 1947. A learned single Judge of the High Court of Karnataka rejected the petition holding that the order of termination was made in terms under which employment was given to him and it did not amount to retrenchment in view of Sec. 2{oo) (bb) of the Act.