- (1.) Heard learned counsel for the parties. The petitioner was seasonal employee. By means of the impugned order he has been disengaged by an order passed by the Cane Commissioner as Seasonal Clerk in the Cooperative Societies. It is contended that termination is in violation of Regulation 34 of U.P. Cane Co-operative Service Regulation, 1975 which reads as under: Termination of Services: The Services of a seasonal employee may be terminated by the recruiting or appointment authority at any time on a week's notice or with a week's salary in lieu thereof. This provision shall not apply in cases of termination as a result of disciplinary proceedings or the termination at the close of crushing season.
(2.) The aforesaid provision makes it clear that seasonal employee can be terminated with a notice of a week or a week's salary in lieu thereof. Therefore, at the best, if the petitioner has been terminated without giving a week's notice he would be entitled for a week's salary. A pari materia provision was considered by Apex Court in the case of Senior Superintendent, R.M.S., Cochin and another v. K.V. Gopinath, Sorter, 1972 AIR(SC) 1487 and it has been held when an employee can be terminated by a month's notice or paying in lieu thereof, in case no such notice is given, the termination itself would not be bad but the employee would be entitled to claim salary for the period of notice provided in the rules. In the present case also at the best the petitioner can claim a week's salary but that will not vitiate the termination as such.
(3.) In K. V. Gopinath Rule 5 of Central Civil Services (Temporary Service) Rules, 1965 was up for consideration. It says that a temporary Government servant is liable for termination by a notice in writing given by either side. The notice period was one month and proviso also said that Government Servant may be terminated forthwith by payment of a sum equivalent to an amount of his pay and allowances for a period of notice or for the period by which such notice fall short of one month.;