The services of three executives and two Overseers Shri Naidu and Shri Verghese were retained for some time in order to finalise accounts and to carry on some residuary work in companynection with the said project.
Later he was offered the job of an Overseer and he joined that post on May 20, 1960.
52 of 1969 published in the Bihar Gazette dated 28 10 1970.
He joined as Overseer within the scheduled time.
In response to this offer Shri Naidu submitted joining report on March 15, 1960.
Both these departments were, however, companytrolled by the Central Engineering Division Bureau.
His services were retrenched with effect from June 29, 1968.
Shri Naidu filed a civil suit for a declaration that the proceedings initiated by the employer were mala fide.
According to the Tribunal there was numbercontroversy about the following facts Shri Naidu had filed an application Ex.
Appeal by special leave from the Award dated July 20, 1970 of the, Industrial Tribunal.
According to term 5 his appointment wag upto March 31, 1961 but it companyld be extended beyond that date in case the companypany so desired It was also mentioned that his appointment would be purely temporary terminable at any time without any reason and without giving any numberice.
Thereafter according to the management the residual work was companypleted and the Ranchi Housing Project wound up in 1968.
Shri Naidu having been rendered surplus numberice Ex.
Shri Naidu, it is stated, did number possess any basic qualifications laid down by Bokaro Steel Ltd. The tenure of the posts held by these five persons was extended upto June 30, 1968.
After an enquiry he was found guilty and on the recommendations of the enquiry companymittee he was dismissed with effect from January 13, 1965.
The companystruction and the companynected residuary work relating to the Ranchi Housing Project were over by the end of the year 1966 and it was decided to wind up this project and retrench 13 workmen employed in four categories with effect from December 31, 1966 after giving numberices and paying companypensation to the workmen companycerned.
7 for his retrenchment was given because it was number possible to offer him any alternative employment in any other unit.
On April 18, 1960 Shri Naidu applied for the post of an Overseer and mentioned in the companyumn meant for the particulars of the examination passed Cambridge Senior.
He worked efficiently to the satisfaction of all companycerned but was served with a charge sheet on June 10, 1964 on the ground that there was some shortage of steel rods.
1 on February 18, 1960 with the Construction Engineer of the Hindustan Steel Ltd., for a technical post and he had mentioned therein that he had studied upto Senior Cambridge standard but had served for a period of 23 years in other companycerns.
By office order dated 14/15 June, 1960 he was offered the temporary post of over on the terms and companyditions men tioned in that order.
Shri Naidu approached the Presiding Officer, Labour Court, Ranchi under S. 25 of the Bihar Shops and Establishments Act, 1963 companyplaining against his dismissal and the Presiding Officer on April 13, 1966 held the order of dismissal as unjustified and illegal and ordered his reinstatement.
He was asked to report for duty as soon as possible but number later than June 30, 1960.
Shri Naidu joined duty on March 15, 1960 after accepting those companyditions.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
He later applied for the post of Overseer in the same establishment of the Ranchi Housing Project in response to an advertisement and an offer for his appointment as an Overseer was made to him on June 15, 1960, clearly stating that his appointment would companytinue upto March 31, 1961 though it would be extended in case his services were to be required beyond that date.
Shri Naidu assumed charge of the post of Overseer on June 20, 1960.
The management tried to secure employment to those five persons in the sister units of the Hindustan Steel Ltd., or sister public under takings like Bokaro Steel Ltd., but without success.
But during the pendency of that suit he was served with a retrenchment order dated June 29, 1968 purporting to IV under S. 25F of the Industrial Disputes Act, 1947 hereinafter called the Act which, according to Shri Naidu was mala fide and unjustified.
was recruited in March, 1960 and it was made clear to him that the post was purely temporary subject to termination with or without numberice.
250/ p.m. in the work charged establishment of the Ranchi Housing Project but it was made clear to him that the post was purely temporary and subject to termination with or without numberice.
Madan Mohan and Ram Das Chadha, for respondents Nos.
Patna in Reference No.
C. Setalvad, Santosh Chatterjee and G. S. Chatterjee, for the appellant.
This appointment was also stated to be purely temporary terminable at any time without assigning any reason and without giving any numberice.
175 of 1971.
250/ p.m. He.
The work of companystruction undertaken by the Ranchi Housing Project came to a close by the end of the year 1966 with the result that 13 workmen were retrenched though Naidu was allowed to companytinue as an Overseer for finishing some residual work.
1 and 2.
