- (1.) HEARD D.N. Tripathi, learned counsel for the petitioner as well as Sri Manik Sinha learned counsel appearing for the respondent/University, as well as, learned Standing Counsel appearing for the respondent no. 1.
(2.) THE petitioner was engaged by the University on dailywage basis on 1.6.1991 and Class III work was being taken from the petitioner. Petitioner along with other dailywagers filed a Writ Petition No. 4930 (SS) of 1999 for regularization of services and pursuant to the order of the Court a Regularization Scheme, dated 15.12.2003, was framed by the University.
(3.) THE petitioner's services was neither regularized, nor minimum of the pay -scale was paid, by the University, petitioner filed another Writ Petition No. 1579 (SS) of 2008 challenging advertisement No. 3 of 2007 which is still pending. The petitioner's services was subsequently, terminated vide order dated 3.1.2003 on the ground of misbehaviour and general unsuitability, however, subsequently, the petitioner was reappointed on 31.3.2004 and again the petitioner was terminated on 7.11.2009, as his conduct was found not suitable for continuing in service of the University. The petitioner aggrieved by the termination order dated 7.11.2009 has approached this Court. The submission of the learned counsel for the petitioner is that the petitioner does not dispute the factum of the incident, that is, fight with the employees of the Gas Cooperative Society, but the incident has nothing to do with the University as it is an external body and further, it is contended that the termination order is a mala fide exercise of power as the petitioner has been raising issues regarding illegal appointments being made by the Vice Chancellor and the termination order is bad, as it has been passed, without any enquiry or issuing show cause notice and the law applicable in respect of temporary Government Servant/probationer is applicable to the dailywager. In the case of the petitioner a full -fledged enquiry should have been conducted and petitioner should have been given an opportunity to cross -examine the witnesses. The petitioner being the President of the Mazdoor Union, affiliated to the All India Trade Congress, is being victimized.;