S.S.Byas, J. - (1.) The petitioner challenges the order dated October 12, 1987 (Annexure-5), 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 February 13, 1987 on daily wages by order, Annexure-1. While he was so working on the post of L. D. C., he was appointed a Class IV employee in the regular pay scale on April 27, 1987 by order, Annexure-4. By the impugned order, Annexure-5, dated October 12, 1987 his services were terminated. It appears from Annexure-5 that the petitioner's appointment was found irregular and as such the Registrar, Co-operative 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-5.
(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 his service (12-10-1987). 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, as '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-5 be quashed and he be reinstated with back wages.;