SATAHBAN GANGULI Vs. CHAIRMAN STATE BANK OF INDIA

JUDGEMENT

(1.) This is an application under Articles 226 and 227 of the Constitution in which the petitioner seeks redress for, what according to him, is a breach of his fundamental rights under Articles 14 and 16(1) of the Constitution. The facts are these ;

(2.) In response to an advertisement issued by the respondent-Bank for appointment to the posts of "Clerks of Works", the petitioner offered himself as a Candidate and was engaged for a particular project. The post was purely temporary and it was terminable after the construction of the project was over. The appointment as on fixed salary for the duration of the construction. He joined the said post on 18/12/1972 at Jamsbedpur Branch. His services were for construction of Jamshedpur staff quarters. He was engaged for a particular project and for a specific work under the agreement. As a necessary consequence of the contract of employment his service was terminated on 3-8-1976. After that he joined another service under a different employer. He was again appointed as Site Engineer on 3-8-1977 and this appointment was again on contrac basis only for a specified job, i. e. for the construction of staff quarters at Ranchi on the same previous terms and conditions contained in the agreement annexed with the counter affidavit, marked Annexure A/2 and the relevant clause (vii) may be quoted:

(3.) In accordance with Clause VII of the agreement, the petitioner was served with a notice dated 2-7-1976 whereby his services were terminated with effect from 3-8-1976.