A. K. MATHUR, J. - (1.) PETITIONER by this writ petition has prayed that the respondents may be directed to set aside the order dated 22. 2. 90 as the order is in violation of S. 25f of the Industrial Disputes Act 1947, (hereinafter to be referred to as the Act of 1947 ).
(2.) PETITIONER joined as Junior Engineer in Panchayat Samiti, Raipur District Bhilwara on 28. 05. 1987. His services were terminated by the order dated 22nd February 1990 Anx. 2. Therefore, he rushed to this Court and submitted that as he has completed more than 240 days and his services are being terminated in violation of section 25f of the Act. The writ petition was admitted and it was directed that the petitioner may not be relieved if not already relieved. Respondent has filed a reply and he has not disputed that petitioner has not completed 240 days. It has been mentioned that the petitioner was kept in service under the various-schemes from time to time. Be that as it may, the fact remains that petitioner has completed more than 240 days and section 25f of the Act was not complied. Though his services may be under the various schemes, but he was in the service of the respondent No. 4. As such the continuation of the petitioner under the various schemes will be of no avail as the order does not say that the appointment of the petitioner is under a particular scheme only and it will be subjected to the expiry of the scheme. If that were so, perhaps the respondent would have taken a benefit of section 2 (06) (bb) of the Industrial Disputes Act. But the order which have been issued from time to, time does not say so. Hence the termination of the services of the petitioner is in violation of section 25f of the Industrial Disputes Act. Hence, writ petition is allowed. The order of termination passed by the respondent No. 2 dated 22. 2. 90 is set aside. Petitioner may be re-employed forthwith. So far as the back wages are concerned, petitioner may be paid 1/4 of the back wages. .;