- (1.) By means of this petition under Article 226 of the Constitution the petitioner has challenged the validity of the order of the Chairmancum-Managing Director of National Textile Corporation (U. P.) Ltd., Kanpur, D/- 26-11-1976, terminating the petitioner's services by giving him one month's salary in lieu of notice.
(2.) Briefly the facts giving rise to this petition are that the petitioner was appointed as Factory Welfare Officer in Atherton West & Co., Kanpur, by an order on 21-3-1952. In May. 1975, the workmen of the Company were laid off and continued to be laid off till 19-7-1976, the management was taken over by the Central Government under Section 3 (7), Laxmiratan and Atherton West Cotton Mills (Taking Over of Management) Ordinance, 1976 (Ordinance No, 11 of 1976) promulgated by the President of India on 19th July, 1976. The Central Government, in exercise of its powers under clause 4 (1) of the Ordinance appointed the National Textile Corporation Ltd., a Government Company, as the Custodian of the two undertakings, the Laxmiratan Cotton Mills and the Atherton West Cotton Mills for the management of the two Mills. The notification further authorised the Custodian to appoint the National Textile Corporation, a Government Company as the Additional Custodian of the two undertakings. In pursuance of the authority conferred by the aforesaid notification, the National Textile Corporation Ltd.. was appointed as the additional Custodian of the two unundertakings for the purpose of carrying on the management of, the undertakings of the two Companies for and on behalf of the Central Government. The Ordinance was later on replaced by Act VIII of 1976. The Chairman-cum-Managing Director of the National Textile Corporation U. P. Ltd., was of the opinion that the petitioner's employment in the undertakings was unduly onerous and accordingly in exercise of his powers under Section 13 of Act VIII of 1976, hereinafter referred to as 'the Act' terminated his services by his order D/- 26-11-1976, by giving him one month's salary in lieu of notice. Aggrieved the petitioner has approached this Court by means of this petition for the quashing of the order.
(3.) During the pendency of the petition when arguments were concluded but before judgment was delivered, the petitioner R. K. Nigam died on 20-7-1934 leaving behind Smt. Chandra Kanta Nigam, as his widow, Pradeep Ranjan Nigam and Jaideep Nigam, his sons, Km. Rubi and Smt Dr. Alka Garg, his daughters. They made an application for substituting their names as petitioners. Counsel for the respondents did not contest their application Accordingly, we allowed the application, as a result of which the legal heirs and representatives of R. K. Nigam have been substituted as petitioners.;