H.N. JAIN Vs. RAJENDRA SHAHNI

JUDGEMENT

(1.) The petitioner's services were terminated by National Textile Corporation (U.P.) Ltd., Kanpur, respondent No. 2, by the order contained in letter No. 11252/Admn. No. 75 dated 6-11-1975 by giving him three months' salary in lieu of notice.

(2.) The petitioner was appointed as Deputy Manager (Technical) by National Textile Corporation (U.P.) Ltd. on 6th November, 1975. He joined his post on the 12th May, 1976. The appointment letter, which is annexed as Annexure IV to the writ petition incorporates the terms and conditions of his service. His initial appointment was temporary and it was stated that the same would be liable to be terminated on one month's notice. Paragraph 4 of this appointment letter provided that his appointment and Service condition Shall be governed by the rules/order of the Corporation in force from time to time. The petitioner worked as a Deputy Manager (Technical) and was, thereafter, posted as Chief Executive Officer of Rae Bareilly Textile Mills, Rae Bareilly in July, 1973. The petitioner, was promoted to the post of Manager (Technical) in the scale of Rs. 1500/ - by respondent No. 2. On Feb. 24, 1979, the petitioner was given another promotion by appointing him to the post of Manager (Technical) w.e.f. 1st Aug., 1978. For this post, he was given the grade of Rs. 1500.00 2000.00 . Soon thereafter the petitioner's scale was raised to Rs. 1900.00 2250.00 and he was deemed to be holding the post of Adviser (Technical) with effect from Aug. 1, 1980. This was followed by another order dated 15-5-1981, wherein his salary was fixed at Rs. 1900/ - per month with effect from Aug., 1980. The petitioner was posted as General Manager, Laxmirattan Cotton Mills, Kanaur on 6th Sept., 1982. lie was temporarily shifted to the Head Office of respondent No. 2 and was, thereafter, again posted as General Manager, Laxmirattan Cotton Mills on 15th Feb., 1983.

(3.) On 18th Jan., 1984, the petitioner received a confidential letter from respondent No. 1 informing that his services had been terminated with immediate effect. This letter, as stated above, was accompanied by a draft of Rs. 10,518.90 Paise. It was three months' salary in lieu of notice. The petitioner had not been served with any charge-sheet. He, thereafter, filed this writ petition challenging the order dated 18-1-1984 arid made the prayer for quashing of the same.