- (1.) THE petitioner challenges the order dated October 12, 1987 (Annexure-6) by which his services were terminated. The petition was originally filed against the respondent Bank and its Secretary. Subsequently, the Registrar, Co-operative Societies, Government of Rajasthan, Jaipur was impleaded as party.
(2.) BRIEFLY recalled, the relevant facts are that the petitioner was initially appointed as L. D. C. in the respondent Bank on 24th January, 1987 on daily wages. While he was so working on the post of L. D. C. , he was appointed as Class IV employee in the regular pay scale on 15th May, 1987 by order Annexure-5. By the impugned order, Annexure-6 dated 12th October, 1987 his services were terminated. It appears from Annexure-6 that the petitioner's appointment was found irregular and as such the Registrar, Cooperative Societies, Government of Rajasthan (respondent No. 3) issued directions to terminate his services. In compliance of those directions, the Administrator of the Bank issued the impugned order Annexure-6.
(3.) THE grievance of the petitioner was that he had actually worked for more than 240 days within a period of 12 calendar months preceding the day of termination of the service (12th October, 1987 ). The termination of his service amounts to retrenchment. This retrenchment was made without the compliance of the mandates of Section 25-F of the Industrial Disputes Act, 1947 (for short, 'the Act' ). It is also alleged that the respondent Bank is an 'industry' and is a State within the meaning of Article 12 of the Constitution. The relief claimed is that the order Annexure-6 be quashed and he be reinstated with back wages.;