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TMI Blog2001 (1) TMI 1022X X X X Extracts X X X X X X X X Extracts X X X X ..... or short the Act ) so that an order of termination, without complying with the provisions of Section 25F of the Act would get vitiated. 2. Be it stated that the appointment to the post of Clerks, Clerks-cum-Typists and Typists in the State of Gujarat is governed by a set of rules framed under proviso to Article 309 of the Constitution of India called Gujarat Non-Secretariat Clerks, Clerks-Typist and Typists (Direct Recruitment Procedure) Rules, 1970 (for short the Recruitment Rules ). In 1982, the Conservator of Forests wanted two clerks to be appointed but, as in accordance with the prescribed procedure no candidate could be made available, the respondent was appointed on a purely temporary basis on 8.9.1982 and continued as such til ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o the Division Bench of the High Court. The Division Bench also took into consideration yet another judgment of this Court in the case of Chief Conservator of Forests and Anr. v. Jagannath Maruti Kondhare and Ors. (1996)ILLJ1223SC and came to the conclusion that this Court has taken the view that the work undertaken by the Forest Department cannot be regarded as part and parcel of the sovereign function of the State and as such the single Judge did not commit any error in setting aside the order of termination for non-compliance of Section 25F of the Act. 4. Mr. Dholakia, the learned senior Counsel appearing for the State of Gujarat, contended before us that both the learned single Judge as well as the Division Bench committed serious er ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be held to be an industry and rather it is a part of the sovereign function. To find out whether the respondent in the writ petition had made any assertion that with regard to the duty which he was discharging and with regard to the activities of the organisation .where he had been recruited, we find that there has not been an iota of assertion to that effect though, no doubt, it has been contended that the order of dismissal is vitiated for non-compliance of Section 25F of the Act. The State in its counter affidavit, on the other hand, refuted the assertion of the respondent in the writ petition and took the positive stand that the Forest Department cannot be held to be an industry so that the provisions of Section 25F of the Act cannot h ..... X X X X Extracts X X X X X X X X Extracts X X X X
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