Yatindra Singh, J. - (1.) The only question involved in this writ petition is, Whether an employee is entitled to encashment of earned leave for the period he could not work due to illegal termination of his service, after it is struck down by a court of law.
(2.) The petitioner was an employee of National Textile Corporation Ltd. (the Corporation). He was posted as General Manager of Bijli Cottom Mills, Hathras, one of the Mills owned by the corporation on 17.6.1981. His services were terminated by the corporation on 18.1.1984 after giving him three months salary in lieu of notice in accordance with the terms and conditions of service. The petitioner filed a writ petition no. 1272 of 1984. The Court held that: (a) The Corporation is a State within the meaning of Article 12 of the Constitution of India. (b) The petitioner is entitled to protection of Article 14 of the Constitution of India. (c) The terms and conditions of service, permitting the Corporation to terminate the services of a confirmed employee after giving him three months notice or salary in lieu thereof, is illegal as it is against public policy.
(3.) On the aforesaid findings, the writ petition was allowed on 4.8.1986 and the following order was passed: In the result, the writ petition succeeds and allowed. The order dated 18.1.1984 is quashed. As a result of quashing of the said order, the petitioner would be entitled to be reinstated to the post which he held earlier to the passing of that order. He will further get the entire arrears, which he may be entitled to and was deprived of due to the illegal termination. The petitioner will also get costs from respondent no. 2.;