P. Banerjee, J. - (1.) This Rule is directed against the order of termination of service dated 5th September, 1967 by the Managing Director, West Bengal Small Industries Corporation Ltd.
(2.) The petitioner was appointed on 21st October, 1943 in the Rationing Department of undivided Bengal. Between 26th January, 1944 and 5th September, 1949, the petitioner was holding the post of Divisional Manager in the Government Stores. Between 5th September, 1949 and 3rd May, 1955 the petitioner was the Inspector of Employer's shop section in the Food Department, Government of West Bengal. On 1st September, 1956, the petitioner was appointed Manager under the scheme for the procurement and distribution of Chanks. On 7th February, 1961 he was posted as Manager under the Scheme for Distribution of Chanks under the Directorate of Industries, West Bengal. On 7th February, 1961, the said post was converted into a Gazetted post and the grade was upgraded. On 12th April 1961, the scheme for the distribution of Chanks was extended upto 1st April, 1961, or till the scheme is taken over by the West Bengal Small Industries Corporation, whichever is earlier. On 31st May, 1961, the said scheme for distribution was transferred to the West Bengal Small Industries Corporation. On 28th April 1961, notice was issued on the petitioner terminating his service on and from 31st May, 1961. It was also stated in the said notice that he may intimate immediately whether he is willing to serve in an analogous post, under the West Bengal Small Industries Corporation. By letter dated 10th May, 1961, the petitioner intimated that he has no objection to serve in the Corporation in an analogous post but he also prayed for the consideration of the Government that his service in the Corporation may be treated as on deputation in foreign service term. On 4th July, 1961, the petitioner was appointed in the service of the Corporation but it was stated that though there was no Gazetted post in the Corporation yet Mr. Dutta will be treated as an Officer of the Corporation and will be entitled to treatment as a Gazetted Officer in the Government service. Thereafter, it appears that there was some complaint against the petitioner and the petitioner replied to the said complaint. By letter dated 5th September, 1966, it was intimated to the petitioner that consequent upon the abolition of the post of Special Officer of the Corporation which the petitioner was holding, the petitioner's service was no longer required. Being aggrieved by the said order, the petitioner moved this Court and obtained the present Rule.
(3.) Mr. Arun Kumar Dutt argued at length that the petitioner's service was terminated in violation of Art. 311 of the Constitution of India. Mr. P. K. Sen Gupta on behalf of the respondent took a preliminary point that no writ lies against the Corporation which is a limited company incorporated under the Indian Companies Act. If the preliminary point taken by Mr. Sen Gupta succeeds it would not be necessary for me I to go into the other question urged by Mr. Dutt. Mr. Dutt relied upon (1964) 1 SCR 656 = (A.I.R. 1963 SC 1464), (K. S Ramamurthi Reddiar v. Chief Commr., Pondicherry) and contended that writ lies against autonomous body and that the I term "other authorities" in Art. 13 comes within the meaning of the "State" in the said Article. Mr. Dutt contended that the respondent, West Bengal Small Industries Corporation Ltd. comes within the meaning of other authorities and as such writ lies against the said authority.;