- (1.) Special leave is granted.
(2.) Heard learned counsel for both parties. This appeal is directed against the judgment of the high court of Allahabad, Lucknow bench, whereby the High court dismissed the Writ petition of the appellant challenging the order of termination of his service by the respondent, U. P. State Food and Essential Commodities Corporation.
(3.) The petitioner had been working under the respondent Corporation as a temporary employee for over three years. It is the case of the appellant that from time to time his services were discontinued for a day or two with a view to breaking the continuity of his service. It, however, appears that he has continuously worked for more than 240 days. It is not disputed that the respondents have terminated his services without complying with the provision of S. 25f of industrial Disputes Act, 1947. The High court took the view that the appellant had an efficacious alternative remedy before the Industrial tribunal and, accordingly, dismissed the writ Petition. It is not necessary for us to consider whether the High court was justified in dismissing the Writ Petition on that ground or not, but the fact remains that the appellant had worked continuously for more than 240 days and so, his services could not be terminated without complying with the provision of S. 25 of the industrial Disputes Act.;