ASOK KUMAR SARKAR Vs. INDIAN AIRLINES LIMITED

JUDGEMENT

(1.) The subject matter of challenge in this writ petition is the order of termination dated September 10, 1999 passed by the Chairman -cum -Managing Director, Indian Airlines Limited, the second Respondent. By the said order, the Petitioner was communicated that it was decided to terminate his service with immediate effect under Regulation 13 of the Service Regulations.

(2.) Since the legality of the said order and the manner of exercise of power in the passing of the said order is, the main ground of controversy between the parties, life. is in the fitness of things to set out the text of the said order. The same is set out herein below: It has been decided to terminate your services with immediate effect under Regulation 13 of the Service Regulations applicable to you. Accordingly, your services stand terminated with effect from the 10th September, 1999. Though, you are not entitled to any notice or salary in lieu thereof, in terms of Service Regulation 13, a cheque for Rs. 13,707/ - is attached. The Regional Director (East) has been advised to settle your accounts immediately.

(3.) In the writ petition, a declaration has also been prayed to the effect that Regulation 13 of the Indian Airlines Service Regulations (hereinafter called the said 'Regulation') is ultra vires the provisions of Article 14 of the Constitution of India and Sec. 23 of the Indian Contract Act.