NIRAD KUMAR SARKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ application has bean filed by the petitioner for quashing an order, dated the 20th August, 1973, issued by the General Manager, Hindustan Copper Ltd. (respondent No. 3). transferring toe petitioner from the post of Underground Manager of Mosaboni Mines, to the post of Assistant Manager, Lapso Kyanie Mines, a copy whereof is Annexure "1" to the writ application; and also for quashing an order, dated the 23rd October, 1973, of the game General Manager terminating the services of the petitioner with immediate effect in accordance with Clause 6 of the agreement, dated the l6th January, 1969, a copy whereof is Annexure "4" to the counter-affidavit filed on behalf of respondent Nos. 2 to 4. A copy of the termination order is Annexurs "4" to the petition filed by this petitioner under Section 151, read with Order VI, Rule 17, of the Code of Civil Procedure.

(2.) According to the petitioner, he is a qualified Mining Engineer and was appointed by the Indian Copper Corporation Ltd. (hereinafter referred to as the "Corporation") as an Underground Manager of the Mosaboni Mines on the 29th March, 1965, under an agreement entered into between the petitioner and the Corporation. The case of the petitioner is that there was no provision for trawfes1 of the services of the petitioner to and other piece or to any post ether than the Underground Manager.

(3.) On or about the 10th March. 1972, the President of India promulgated Indian Copper Corporation (Talking ever of Management) Ordinance, 1972 (Ordinance No. 4 of 1972), which was replaced by the Indian Copper Corporation (Taking over of Management) Act, 1972 (Act XI of 1972), which provided for taking over the Management of the undertaking of the Corporation pending acquisition of that undertaking. The Indian Copper Corporation (Acquisition of Undertaking) Act, 1972 (Act LVII of 1972) received the assent of the (resident on the 21st September, 1972 and was published in the Gazette of India on the same easy. Under the Indian Copper Corporation (Taking over of Management) Act, 1972, there was a provision that on and from the appointed date, that is. the 10th March. 1972 the management of the undertaking of the company vetted in the Central Gov. eminent; and on the passing of the Indian Copper Corporation (Acquisition of Undertaking) Act, 1972 (hereinafter referred to as the "Act"), the undertaking of the Corporation, by virtue of Section 4 of the Act, stood transferred to and vested in the Central Government. Under Section 6 of the Act, the Central Government may, by order In writing, direst that the undertaking of the company, instead of continuing to vest in the Central Government, shall vest in Hindustan Capper either on the date of publication of the direction or on such earlier or later date as may be specified in that direction. In view of Section 9 of the Act, every officer or other employee employed immediately before the appointed day (that is, the 21st September, 1972, the date of the commencement of the Act) in connection with the affairs of the undertaking of the company shall become an officer or other employee of the Central Government and shall, as from the date of publication of the direction made under Sub-section (1) of Section 6 or the date specified therein, become an officer or other employee of Hindustan Copper and shall hold his office for the same tenure, at the same remuneration and upon the same terms and conditions as he would have held under the company.