C P MATHEW Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner joined the services of the second respondent, Hindustan Photo Films Manufacturing Co. Ltd. (for short the Management) as early as in 1961 as a Technical officer. In 1976 he was promoted as Works Manager. He was in charge of the two factories of the Management, one at Ooty and the other at Ambattur. On 27.10.1980 the Management informed the petitioner that his services stood terminated under Clause 13.1 of the Hindustan Photo Films Services Rules for Officers (for short Service Rules). A Cheque for Rs. 5,000 being two months basic salary was enclosed. Against the said order the petitioner preferred an appeal before the Board of Directors on 29-12-1980. The Appeal was rejected by the Board on 10-4-1981. It is, in these circumstances, the petitioner has filed this writ petition to quash the order passed by the Management terminating his services.

(2.) The communication dated 27.10.1980 states : 'Pursuant to the resolution of the Board of Directors dated 25th October, 1980 and the terms of clause 13.1 of the Hindustan Photo Films Service Rules for officers, you are hereby notified that your services are terminated with immediate effect and as required by the said Rules, a cheque for Rs. 5,000 representing two months basic pay in lieu of notice is enclosed.

(3.) Before I deal with the contentions raised by Mr. B. R. Dolia on behalf of the petitioner and the learned Solicitor General for the Management, it is necessary to refer to the relevant provisions of the service Rules. The rules apply to all officers of the company who are in the pay scales of Rs. 450 - 800, Rs. 400 - 950 and above. The service Rules deal with recruitment, probation, promotion, fixation of pay on promotion, verification of date of birth, disqualification for appointment, training and development, performance appraisal and increments, crucial date of increments, transfer, deputation of Officers to other organisations, superannuation, termination of employment, contributory provident fund, leave entitlement, other amenities and gratuity In this context the relevant rules to which reference was made at the time of argument may be referred to Rule 9 of the Service Rules reads thus :