His case is that he was throughout a Welfare Officer within the meaning of the Factories Act, 1948, and entitled to statutory protection against such arbitrary discharge by virtue of certain statutory rules under the Factories Act.
The petitioner before the High Court and the appellant before us, was an employee of the Tata Iron and Steel Co., Jamshedpur.
This was done for alleged unsatisfactory work but without any formal enquiry.
It is against this order of his that the appellant went up to the Patna High Court by means of an application under Art 226, which, as already stated, was summarily dismissed.
The Labour Commissioner rejected his request for protection on the ground that though the appellant was originally employed in the Personnel Department of the Company at Jamshedpur, he was transferred to another establishment in a different State and hence the jurisdiction of the State Government of Bihar and the Labour Commissioner automatically ceased.
He followed this up by a letter dated 17th November 1954, to the Labour Commissioner, Bihar i.e., ten days prior to the order of discharge companyplaining that the decision reported to have been already arrived at by the Management of the Company to terminate his services was arbitrary, unjust and amounts to victimization.
From 29th April 1953, he was shifted to the Companys mines at Garumahishani, in the district of Mayurbhanj Orissa State .
It is against the summary dismissal that this present appeal by special leave has been brought.
As such he was attached to the Companys Steel Welding Shop Factory No.
2 from September 1947 to December 1950.
It was tiled against the Commissioner of Labour, Bihar and prayed that an order of his be quashed on the ground that he failed or refused, to exercise a statutory jurisdiction, vested in him and entitling the petitioner to certain relief, and that in doing so he acted on a palpably erroneous view of the law applicable to his case.
Thereafter his duties were assigned and he was attached to the Companys Ores, Mines and Quarries Department at Jamshedpur.
This as well as the rejoinder by the appellant have since been filed.
While thus at Garumahishani the Company issued to him a letter on 27th November 1954, terminating his services with effect from 1st December 1954.
He appears to have had some prior indication of the proposed discharge.
On 23rd September 1947, he was appointed as a Personnel Officer in the Personnel Department of the said Company.
He accordingly sent an express telegram dated 14th November 1954, to the Labour Commissioner, Bihar, seeking immediate intervention and protection.
A numberification dated 14th February 1953, published in the Bihar Gazette dated 25th February 1953, fixed 1st March 1953, as the date on which the Rules are to companye into force.
It arises out of an application, to the High Court of Patna under Article 226 of the Constitution, which has been summarily dismissed.
We have reheard the appeal.
Jagannadhadas, J. This is an appeal by special leave.
