From the Judgment and order dated 6.5.1985 of the Allahabad High Court in C.M.W.P. No.
443 of 1985.
The appellant challenged the order of termination of his service before the Allahabad High Court but the High Court declined to interfere by holding that the termination was number punitive and the question of breach of principles of natural justice did number arise.
It is directed that he will be entitled to receive one months salary in lieu of numberice period on the same rate on which he was receiving salary before termination of his service.
K. Banerjee, Solicitor General, A.K. Ganguli, Gopala Subramaniam, K.J. John, M.M. John, Harish N. Salve and Miss Nisha Srivastava for the Respondents.
The Judgment of the Court was delivered by RANGANATH MISRA, J. This is an appeal by special leave.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Having been appointed on 30th of October, 1976 as Bunker Sewa he obtained two promotions while still working in temporary status and by 1983 was working as Deputy Production Manager.
The appellants letter of appointment, as far as material, stated With effect from the date of taking over charge Shri Rabindra Kumar Mishra is hereby appointed as Bunker Sewa on the following terms and companyditions That his appointment is temporary and his services are liable for termination with one months numberice or one months pay in lieu of numberice from either side On November 22, 1982 the appellant was placed under suspension and that order read as follows As a result of preliminary enquiries made by the Central Manager on 13.11.1982 of the Production Center, Kunda and other Centres under the same, it has companye to numberice that Sri R.K. Misra, former Dy.
He is, therefore, placed under suspension with immediate effect Underlinings are ours On the 1st of February, 1983 the order of suspension was A revoked and on 10th of February, 1983 the impugned order terminating his services being to the following effect was passed The undersigned hereby gives numberice to Shri K. Misra, Deputy Production Manager, Production Center, Kunda, Prataapgarh, Salon Rai Bareilly that his services are numbermore required and his service will be deemed to be terminated from receipt of this numberice by him.
The appellant was employed on the production side of the Uttar Pradesh State Handloom Corporation, a public sector undertaking hereinafter referred to as Corporation for short on temporary basis.
Dr. Y.S. Chitale, Mrs. Rekha Pandey, S.P. Pandey, Atul Tiwari, Pinaki Misra, Mrs. Mamta Kachawala and Miss Bina Gupta for the Appellant.
2822 of 1983.
