Chittatosh Mookerjee, J. - (1.) In August, 1970 the petitioner was appointed as an Inspector of Agencies, Alipurduar of the New Great Insurance Company of India Ltd. The terms and conditions of the contract of his employment were set out in the letter dated 11th August, 1970 written by the Divisional Secretary of the said insurance company. The petitioner claims to have been confirmed in the said post with effect from 1st May, 1971.
(2.) After nationalisation of the General Insurance business, with effect from the "appointed day" (January 1, 1973), the petitioner had become an employee of the insurance company in which bis employer, the New Great Insurance Company of India, Ltd, had vested under the provisions of the General Insurance Business (Nationalisation) Act, 1972. Under Section 7 of the said Act the petitioner continued to, hove the same terms and conditions and the same rights of pension and gratuity until termination of his employment or until his remuneration and other terms and conditions were duly altered. Thereafter, in exercise of its powers under Section 16 of the General Insurance Business (Nationalisation) Act, 1972, the Central Government had framed a scheme for merger of the company id which the petitioner had been serving with the Oriental Fire and General Insurance Co. Lid. The petitioner under the said merger scheme became an employee of the transferee company under the same terms and conditions and with the same rights as to pension, gratuity and other incidental matters until termination or until his remuneration and terms and conditions were duly altered by the transferee company.
(3.) The Assistant General Manager, Oriental Fire and General Insurance Company Ltd, Eastern Region Office, Calcutta, by his letter dated 31st March, 1976 advised the petitioner that, in view of his unsatisfactory performance, it had been decided by the management to terminate the petitioner's services with immediate effect. The petitioner was further informed that he would be paid one month's salary in lieu of the notice period and he might call at the Divisional Office on any working day to collect his dues (vide Annrexure 'D' to the Writ petition). The said termination of the petitioner's services is the subject-matter of challenge in the present Rule;