G.S.SINGHVI, J. - (1.) THE petitioner was appointed as Baildar on 28.9.1984 on daily wage of Rs. 14/ -. According to him, he worked for 283 days in 1984, 290 days in 1985, 289 days in 1986, 292 days in 1987, 253 days in 1988 and 34 days up to February, 1989. Thus he completed more than 240 days service during last 12 months. How ever, by an oral order of termination issued by the Assistant Engineer, Public Health and Engineering Department, Jhalawar, his service was dispensed with. According to the petitioner, after oral termination of his service on 9.2.1989, 5 persons, namely, Sarvashri Prem Chand, Govind, Vinod Kumar, Chhitar and Kishan all residents of Jhalawar were appointed. The petitioner has challenged the termination of his service on ground of breach of Section 25F, 25G and 25H of the Industrial Disputes Act, 1947. The petitioner has also prayed that he is entitled to regularisation of his service under Rule 3(3) of the Rajasthan Public Works Department (B and R) including Gardens, Irrigation, Water Words and Ayurvedic Department Workcharged Employees Service Rules, 1964, because he has rendered more than 2 years service as work charge employee.
(2.) IN reply to the writ petition, the respondents have filed a statement showing that the petitioner had worded for 72 days in 1984, 2491/2 days in 1985, 293 dyas in 1986, 278 days in 1987, 252 dyas in 1988 and 33 dyas in 1989. It has been -stated that the P.H.E.D. is not an 'Industry' under Section 2(j) of the Industrial Disputes Act, 1947. According to the respondents, when his work was not found satisfactory, the petitioner was not allowed to work. Respondents has stated that the petitioner has not worked for 240 days during last 12 calendar months. The respondents have disputed to the benefit of Rule 3(3) of the Rules of 1964. During the course of hearing, learned Additional Government Advocate frankly and fairly stated that he does not want to press his objection that P.H.E.D. is not an industry. The only controversy. Which remains between the parties is as to whether the petitioner had completed 240 days service during last 12 months or not?
(3.) A perusal of the statements furnished by the parties clearly show that the petitioner was asked not to come on job after February 9, 1989. If 12 months are counted form that point of time, it is more than clear that the petitioner has rendered more than 270 days of service during last 12 months. Thus he has completed more than 240 days of service during last 12 months and his case is covered by the provisions of Section 25B of the Industrial Disputes Act, 1947. It has not been controverted by the respondents that the petitioner was either given and notice nor one month's pay in lieu of notice as required by Section 25F(a) of 1947 Act, and he was not paid compensation as specified in Section 25F(b). Thus on the basis of uncontroverted facts, which have come on record, it is clear that there has been violation of the provisions of Section 25F(a) and (b) of 1947 Act. Violation of these provisions renders the termination of the service of the petitioner void ab initio.;