ADARSH KUMAR KHANNA Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ petition impugns the letter dated 10th March, 2006 purportedly of the Respondent No. 2 Mother Dairy Fruit and Vegetables Pvt. Ltd. repudiating/canceling the appointment of the Petitioner as Managing Director and seeks mandamus to the Respondents to pay compensation equivalent to salary for the unserved period of employment. Notice of the writ petition was issued. Though the writ petition was accompanied with an application for interim relief but no interim relief was granted. The pleadings have been completed and the counsels for the parties have been heard.

(2.) The Petitioner claims to be a leading Dairy Technologist, qualified from the National Dairy Research Institute, Karnal, Haryana and having served M/s Hindustan Lever Ltd. and M/s Britannia Industries Ltd. in the Dairy Sector. The Petitioner, vide letter dated 30th April, 2004 was appointed as the Managing Director of M/s Mother Dairy Foods Processing Ltd. on the terms and conditions contained therein and for a period of five years from 30th April, 2004. The Petitioner while serving as the Managing Director of M/s Mother Dairy Foods Processing Ltd., on 2nd September, 2005 i.e. after about one and a half years only of his appointment, suffered a major paralytic stroke and was hospitalized and thereafter confined to the house. M/s Mother Dairy Foods Processing Ltd. continued to pay the salary/emolument of the Petitioner. However, the said M/s Mother Dairy Foods Processing Ltd. vide letter dated 10th March, 2006 impugned in this writ petition repudiated/cancelled the contract with the Petitioner with effect from 6th March, 2006.

(3.) The aforesaid termination is challenged averring the same to be in contravention of Articles 21, 14 and 19(1)(g) of the Constitution of India, as being in violation of Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (Disabilities Act), as being arbitrary and in contravention of the principles of natural justice.