- (1.)THIS is defendant's appeal arising out of a suit for declaration that the order passed by the defendant on 3-10-1958 dismissing the plaintiff from service was void, illegal and inoperative.
(2.)THE facts leading to the suit in brief are as follows:-- The plaintiff was employed as a retail salesman with the defendant, the Western India Match Company Ltd. On 7th of August, 1947, the plaintiff was taken in employment on certain terms. He was confirmed in service on 1st January, 1948. Certain standing orders were framed in respect of the employment of the workmen by the company under the Industrial Employment (Standing Orders) Act and were duly certified. On 3rd of October, 1958, the defendant company served on the plaintiff a notice, exhibit 17, terminating the services of the plaintiff. The said notice reads as follows: We are in receipt of your letter No. 107 of the 1st instant making baseless allegations against the management. Since you have failed to carry out our instructions and have not reported for duty at Allahabad as directed in our letter No. 131 of the 1st instant, we hereby give you one month's notice terminating your services. Please return to us all the company's property, files, statistics, stationery etc. , lying with you per bearer along with a detailed list. You may call on us any working day for settlement of your dues.
(3.)THE plaintiff instituted the suit for the relief already mentioned.