SHAMA IYENGAR Vs. MYSORE SUGAR COMPANY LTD

JUDGEMENT

(1.) Order, dated 18th April 1985 of first Respondent by which petitioner's service is terminated, is questioned in this Writ Petition.

(2.) ORDER recites that termination is due to expiry of contractual period and in compliance of terms of agreement, a sum of Rs. 9,788 -43 ps. is offered as salary for three months in lieu of notice. Contention of petitioner is that on expiry of contractual period of three years he hascontinued as a regular employee in the establishment of MYSUGAR and termination without holding an enquiry or providing an opportunity of hearing is arbitrary and illegal.

(3.) UNDISPUTEDLY first Respondent is a Company registered under the Companies Act, 1956, the object of which is to purchase, manufacture, produce, refine, prepare, import, export, sell and generally to deal in sugar, sugarcane, molasses, syrups and alcohol and all products or bye -products thereof. Authorised share capital of the Company asdisclosed from memorandum of association is Rs. 2,00,00,000 divided into 17,00,000 Equity Shares of Rs. 10/ - each and 3,00,000 - 11% Redeemable CumulativePreference Shares of Rs. 10/ - each. Shares as set out in memorandum ofassociation are : - No. Name and address and description of Subscribers No.of shares taken by each subscriber Witness to the Signature. 1. Hajee Ismail Sait 50 V. S. Ganapathi, Head Clerk of Hajee Ismail Sait, 'Essex Lodge', Bangalore. 2. B. Sreenivasa lyengar Retired Financial Secretary and Landholder, Bangalore. 50 R. Ramaswamy, Visveswarapuram Bangalore City. 3. Leslie C. Coleman, 'Millside', Bangalore. 50 R. Ananthasubramanyam, 'Elephant Lodge' Bangalore City. 4. M.L. Nagappa Setty, Managing Partner, M. Lachia Setty & Sons, Chickmagalur. 50 S.K. Linganniah Visveswarapuram, Bangalore City.