S Vs. HINDUSTAN AERONAUTICS LIMITED

JUDGEMENT

(1.) Under the order impugned herein, the Hindustan Aeronautice Ltd., has terminated the services of the petitioner by paying three months basic pay in lieu of notice, as per paragraph 5 of the terms and conditions of appointment. According to the petitioner, the termination is really by way of punishment and that, the power sought to be invoked by the respondent-Corporation is not available to it, in the facts and circumstances of this case. A few facts which are relevant for the present purpose may be stated : The petitioner was appointed as a Medical Officer in the respondent-Corporation on 7/08/1975. He was later confirmed in service and made permanent on 9/03/1977. The order dated 9/03/1977, stated, inter alia, that the petitioner will be on probation for a period of one year and that, during the probationary period, his services can be terminated without notice, without assigning any reasons and without any compensation in lieu of notice. It further stated :

(2.) According to the petitioner, the termination of his services was effected in the following circumstances; one Mr. Sampath, an Engineer in the service of the Corporation is a close friend of the General Manager, Group Capt. R. S. Siva Swami. Mr. Sampath had already suffered two heart attacks, and was ailing with heart trouble. He used to come to H.A.L. Dispensary and take medicine from the petitioners senior, Dr. Stanley Subakar, who expired on 28/04/1981. The petitioner also knows that Mr. Sampath is a chronic heart-patient. The petitioner stated further :

(3.) The petitioner says that the General Manager found fault with him for not immediately going to the house of Mr. Sampath, and it is on that account that within three days of the death of Mr. Sampath the impugned order was passed.