BABU RAM AND ANOTHER Vs. TOWN AREA COMMITTEE, HASAYAN, DISTRICT ALIGARH AND OTHERS
LAWS(ALL)-1993-12-74
HIGH COURT OF ALLAHABAD
Decided on December 14,1993

Babu Ram And Another Appellant
VERSUS
Town Area Committee, Hasayan, District Aligarh And Others Respondents

JUDGEMENT

A.P.Singh, J. - (1.) By means of the present writ petition, the petitioner has prayed that a writ of mandamus be issued commanding the respondents to treat the petitioners in service and pay their salary with arrears.
(2.) Petitioners were appointed as Pump Operators in the Town Area, Hasayan, district Aligarh, The order of appointment contemplated that the services of the petitioner can be terminated without notice. Learned counsel for the petitioners urged that no notice was served on the petitioners and their services have been terminated in the breach of the provisions of Section 6 N of the Industrial Disputes Act. It was also contended that no opportunity of hearing was given to the petitioners before terminating their services. The appointment order filed by the petitioners clearly establishes that their appointment was made on purely temporary basis and their services were likely to be terminated at any time without notice. On the terms of the order of appointment. The petitioners do not get any right to continue in service as their services were likely to be terminated at anytime. No opportunity of hearing is required to be given in cases of termination of the services of temporary employees unless it is by way of punishment.
(3.) The petitioners, thereafter, contended that since they had completed 240 days of continuous service since after their appointment, they get the statutory protection under Section 6N of the Industrial Disputes Act and termination of their services having been made without complying those provisions the same is bad.;


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