AMAL KUMAR GANGULY Vs. STATE OF U P

JUDGEMENT

(1.) Petitioner was employed and appointed as Junior Office Assistant-cum-Typist on 22.10.1980 in Auto Tractors Limited (hereinafter referred to as ''ATL'), a company registered under Companies Act,1956 (hereinafter referred to as 'Act,1956'), owned by State Government of Uttar Pradesh. He got promotion as Accountant and thereafter Assistant Account Officer.

(2.) Atl management declared closure of unit vide notice dated 20.11.1990 on the ground of consistent loss and unit was closed with effect from year 1989-90.

(3.) A Government Order dated 11th November, 1993 was issued stating that retrenched employees and Officers of ATL would be absorbed in Government Service, subject to their qualifications and eligibility in Government service, appointed in ATL on or before 1.10.1986 and were working at the time of closure of the unit. Management of ATL submitted a list to State Government, giving names of its 'retrenched employees', wherein name of petitioner was also shown. Moreover, a certificate dated 11.12.1993 was issued to petitioner verifying that he was a retrenched employee of ATL, having been appointed on 22.10.1980 as Junior Office Assistant/Typist and on 20.11.1990 he was working as Assistant Account Officer.