D. S. Sinha, J. - (1.) By means of this petition under Article 226 of the Constitution the petitioner challenges the legality of the order, dated 8 March 1978, annexure II to the writ petition, whereby his services as peon of Deoria Kasya Sahkari Bank, Deoria, have been terminated.
(2.) According to the petitioner, he was appointed a peon on a regular vacancy on probation in accordance with the Uttar Pradesh Co-operative Societies Employees Services Regulations, 1973, after a selection by a duly constituted selection board and approval. The petitioner contends that the order of termination has been passed on account of mala fide intention of respondent 3 who w ants to induct his own men.
(3.) The petitioner challenges the order of termination on the ground that the committee of management alone being appointing authority, could terminate his services. But in the instant case the services have been terminated by the General Manager/Secretary, District Co-operative Bank, Ltd., Deoria. The other objection of the petitioner is that no approval of the committee of management has been obtained. Further objection is that there is no resolution of the managing committee terminating the service of the petitioner. By means of a supplementary affidavit a new ground has been taken by the petitioner for attacking the validity of the impugned order. This ground is to the effect that the petitioner having completed 240 days of continuous service his services cannot be terminated without following the provisions of the Uttar Pradesh Industrial Disputes Act, 1947, hereinafter called the Act, which regulate the matter of retrenchment of a workman.;