Vaidialingam, J. - (1.) In this appeal by special leave the short question that arises for consideration is whether the State has got power to terminate the services of any member of the work-charged establishment under paragraph 11 of the Central Public Works Department Code (hereinafter to be referred as the Code) on giving one month's notice or a month's pay in lieu of notice.
(2.) The circumstances leading up to this appeal may be stated:A decision was taken to construct three dams right across the Mahanadi river, one at Hirakud, the second at Tikerpara and the third at Naraj as a multipurpose measure for preventing flood ravage in the Delta area, generating electricity and providing irrigation. The construction of Hirakud Dam was entrusted by the State of Orissa to the Central Waterways, Irrigation and Navigation Commission as their agent. For the purpose of the construction of Hirakud Dam, the C. W. I. N. Commission employed a large number of persons in the work-charged establishment on scales of remuneration at the rate paid by the Central Public Works Department and the service conditions of the persons so employed were governed by the provisions contained in the Code.
(3.) After completion of the first stage of the Hirakud Dam project, the State of Orissa decided to take over the said project from their agent the C. W. I. N. Commission with effect from April 1, 1960. The State further decided to proceed with the construction of second stage of the project through its own Public Works Department. An option was given by the State to the employees in the workcharged establishment to decide whether they would continue to work under the State on the same pay and allowances and subject to other conditions of service provided in the Code for the said work-charged establishment. The employees agreed to work under the State of Orissa and accordingly the employees were allowed to continue under the State Government.;