DULAL CHANDRA KARMAKAR Vs. SIKKIM CO

JUDGEMENT

(1.) This Writ Petitioner challenges the validity of the Order dated 10th June, 1983, terminating the services of the petitioner with effect from the date.

(2.) The petitioner was initially appointed as a senior accountant in Sikkim Livestock Development Corporation Ltd. (hereinafter referred to as S.L.D.C.) which is a State Government undertaking, on 11th May, 1978. Subsequently, he was promoted as Accounts Officer with effect from 1st Jan., 1979 on which post he continued till 31-12-79 on basic salary of Rs. 660-1,400. In the meanwhile, the Sikkim Co-operative Milk Producers Union Ltd. (hereinafter referred to as the Union) was formed under the Sikkim Co-operative Societies Act, 1978 whereupon all the employees working in the procurement and input wing of S.L.D.C. were employed in the Union. Accordingly, the petitioner also got employment in the Union as Manager (Finance and Administration) in the pay scale of Rs. 700-1,300 with effect from 1-1-1980. It was not disputed at the time of arguments that the averment in the petition that the petitioner was transferred on promotion from S. L. D.C. to the Union is factually incorrect. The petitioner continued to work in the Union till 10th June, 1983 when the Managing Director of the Union issued an order (bearing the wrongly typed dated 10-9-1983), terminating his employment. The order says :

(3.) Respondents Nos. 1 to 4 who have contested the petition, have denied in the affidavit filed by the Managing Director, Shri P.D. Rai, that the Union is a 'State' within the meaning of Art. 12 or that any rules have been violated or the principles of equality or of natural justice have been contravened. They have, taken the stand that the petitioner was required to maintain the accounts of the Union but he would not do so properly with the result that one retired accountant had to be employed, no longer requiring the services of the petitioner. Further, it is alleged that in order to curtail overhead expenses, the services of many employees were dispensed with. Initially, a plea was also taken that there were no staff rules approved by the Board of Directors, but this was not pressed at the time of arguments. In reply to the allegation that the principle of 'first come last go' had not been observed, it is stated that the other three managers have technical qualifications in different disciplines and so their case is different from that of the petitioner, in a subsequent affidavit, Shri Rai, the Managing Director deposed that he had obtained verbal consent of the Board of Directors before the termination of the services of the petitioner. Shri Narayana, the then Chairman of the Union has also filed an affidavit stating : "Shri P.D. Rai, Managing Director of the Union had consulted me and to the best of my knowledge a few other members of the Board before taking the decision in terminating the services of Shri Dulal Chandra Karmakar. I had given my consent. Further, he stated, that in a subsequent meeting held on 31st Aug., 1983, the Board confirmed and ratified the decision of the Managing Director terminating the services of the petitioner, as also of three others.