K N MATWANI Vs. KANDLA PORT TRUST

JUDGEMENT

(1.) By means of this petition, the petitioner has sought for quashing the orders dated 7.11.86, 12/13th March, 1987 and 21st November, 1986 passed by the respondents.

(2.) The petitioner was appointed as a junior clerk by the Secretary to the Development Commissioner, Kandla Port Project. The Kandla Port Project was previously under Ministry of Transport and then Kandla Port Project was converted into Kandla Port Trust and that Trust was taken over by the Central Government by an order dated 29.2.1964 on coming into force of Major Port Trusts Act, 1963. The service conditions of the employees were to be governed by the Central Government rules, but lateron regulations were framed by the Central Government and those condtiions were made applicable to the employees of the Trust. The petitioner was promoted to the post of Assistant by the Chief Mechanical Engineer in the month of December, 1975. The Chief Mechanical Engineer of the Trust passed the order retiring the petitioner prematurely by an order dated 7.11.1986 at the age of 52 years and lateron the order passed for cancellation of the quarter which was allotetd to the petitioner in service tenure and that order was passed on 26th November, 1986 which has also been challenged. The petitioner filed an appeal before the Chairman of the Kandla Port Trust. The appeal was dismissed by an order dated 12/13th March, 1987. The petitioner has challenged the said orders in this petition.

(3.) Affidavits have been exchanged. I have heard the learned advocates for the parties and perused the relevant record.