[Civil Appeal No. 2528 of 2008]. This appeal seeks to challenge the judgment and order dated 18.11.2005 rendered by the High Court of Uttarakhand at Nainital in Writ Petition No.1047 of 2002 thereby dismissing the writ petition filed by the appellant. The short facts leading to this appeal are this wise. According to the appellant, the respondent herein was working as a Logging Forest Guard and that he was engaged on seasonal basis. The case of the respondent is that he had regular work to do, his employment was not on seasonal basis and he had rendered continuous service for more than one year. It appears that the respondent had joined as a Forest Guard way back in 1986 and he continued in that position until February, 1993. It is the case of the respondent that his services were discontinued thereafter whereas the case of the appellant is that since he was not coming for work, the appellant sent him a retrenchment notice dated 19.6.1995 which, according to the appellant, he declined to receive. In any case, the fact remained that before the retrenchment notice, he had raised an industrial dispute in January, 1994. Considering all these facts, the Labour Court came to the conclusion that the order of termination of the services of the workman was illegal and unjustified as the retrenchment notice was subsequent to his termination. That being so, the Labour Court held that it was a case of termination of his services and not the case where he had stopped from coming to work.
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