Rakesh Tiwari, J. - (1.) Heard learned counsel for the parties.
(2.) The petitioner was appointed by. letter dated 13.8.1970 as Spinning Assistant in the Cooperative Textile Mills Ltd. Sahkari Nagar, Bulanshahar, hereinafter referred as 'the Company' on a consolidated salary of Rs. 550/-per month. His services were purely temporary and were liable to be terminated at any time on one month's notice either side. A complaint was received from the yarn market about damage of yarn due to excessive moisture in 10s (tens) count. The yarn was examined and it was found that the complaint was genuine. Most of the bales were manufactured in August, 1974 when the petitioner was working on the post of maintenance supervisor in addition to his duties as shift in charge. The duties of the petitioner were supervisory in nature.
(3.) Since the petitioner was working as Shift in-charge at the relevant time as such an explanation was called for from him vide letter dated 5.10.74 which is as under. "Mr. K.K. Singh, Shift Incharge. There was a complaint from the yarn market about the damaged yarn due to excessive moisture in 10s count. Such yarn was examined and it was found that the complaint was genuine. Most these bales were manufactured in August, 1974. Certain bales bundles were so wet that the yarn was completely damaged, lost its clout and strength with the result that lot of bales have been rejected by the consumers and we had to replace them. It has given a set back to our yarn reputation and the mill has to suffer great losses. You were given the duties of maintenance Incharge in addition to your own duty, were expected to exercise closer supervision on the production of yarn and its quality. From the complaint it appears that you grossly neglected your duty which has resulted in giving set back to the reputation to the mill, consequently a great monetary loss to. Please explain within three days of the receipt of this letter why you neglected your duty and why action should not be taken against you for dereliction of duty on your part.";