Decided on June 02,1983

B K BASU Respondents


- (1.) SINCE it appeared to the satisfaction of the Central government that M/s. National Company ltd, Calcutta in this State (hereinafter referred to as the said Industrial undertaking), which was engaged in the scheduled industry viz. Jute Industry and by diversion of funds brought about a situation, which was likely to affect the production of articles manufactured or to produce therein and that immediate action was necessary to prevent such a situation, so in exercise of powers conferred by section 18aa (A) (1) of the Industries (Development and regulations) Act 1951 (hereinafter Deferred to as the said Act), an authorised body composing of 11 persons were directed to take over the management of the said industrial undertaking for five years, on conditions that they (i) should comply with all directions issued from time to time by the Central government, (2) should hold office for a period of five years from the date of publication in the official Gazette of the concerned order, (3) such appointment of the authorised body may be terminated by the Central Government if the same was considered necessary and (4)the order shall have effect for a period of five years as mentioned above.
(2.) THE petitioner has stated that he is a qualified Honours Graduate of the University of Calcutta apart from having qualifications from abroad. It was his case that in 1963, he joined m/s. Bird Hailger group of Jute Mills as Covenanted assistant and thereafter, on promotion, he held the post of administrative Officer till his appointment with the said Industrial undertaking and in the manner as stated hereinafter.
(3.) IT has been stated that on 13th august 1976 there was an advertisement issued for and on behalf of the said Industrial undertaking for the post of Purchase Manager (Jute) and on application being made by him, on or about 8th August 1976, the then Chairman of the authorised body of the said industrial undertaking, General J. S. Arora appointed the petitioner on 8th october 1976 in the post as advertised, at a salary of Rs. 2,000/- per month over and above the perquisites as admissible. The petitioner was also required to undergo a period of probation of six years prior to his confirmation and after joining the post in question on or about 6th May 1977, he was ultimately confirmed after satisfactory completion of such probationary period.;

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