P.C. Borooah, J. - (1.) By a letter dt. Dec. 31, 1969, issued by the Manager of the Howrah Insurance Co. Ltd., (hereinafter referred to as 'the Company') the petitioner was appointed as an Assistant Branch Manager of the Company in the Sadar of Burdwan with effect from Sept. 20, 1969. A copy of the appointment letter is included in annexure "A" of the amended petition.
(2.) On May 13, 1971 the President of India promulgated the General Insurance (Emergency Provisions) Ordinance, 1971 for the take over of general insurance. Under Section 4 of the said Ordinance one Sri Ashoke Goenka was appointed as a Custodian of the Company and the petitioner was informed by the latter by a letter dt. May 17, 1971 that he was to carry on with his work as hitherto. A copy of this letter is also included in annexure "A".
(3.) On Sept. 20, 1972 the General Insurance Business (Nationalisation) Act, 1972 (hereinafter 'the Act') was enacted and consequent to the formation of the General Insurance Corporation of India under S. 9 of the Act, the Company was merged in the New India Assurance Co. Ltd. (hereinafter 'New India'), which was one of the four subsidiary companies constituted under the said Corporation. Thereafter the service of the petitioner stood transferred to New India in accordance with S. 7 (1) of the Act.;