- (1.) THIS Court has heard the learned Advocates for the respective parties and has also considered the relevant materials on record. The facts of the case, briefly, are as follows :
(2.) THE appellant had joined Khardah Company Limited i.e. the respondent no. 2, as a Senior Executive in terms of the appointment letter dated 26th October, 1976. The appellant was appointed on the following terms and conditions : 1. That you shall be paid a consolidated salary of Rs. 3,000/ - (Rs. Three thousand) only per month. 2. That we shall provide you rent free unfurnished accommodation. However as you are already staying at Embassy Building, we shall pay the rent for the flat you are occupying. 3. You shall be provided with the Cauffeur driven car for Company s work at Company s expenses. 4. That all other facilities such as earned leave, P. F. Membership etc. shall be allowed to you as per present rules and regulations of the Company. 5. Your employment can be terminated by giving one month s notice or one month s pay in lieu thereof by either side. 6. You shall be directly responsible to Directors of the Company. 7. You shall carry out responsibilities of the Senior Executive and that also which may be allotted to you from time to time. 8. You have agreed to join your duties with effect from 1st November, 1976.
(3.) IT will appear from the said appointment letter that, inter alia, the appellant was described to be a Senior Executive but he was expected to carry out the responsibilities of the Senior Executive and also certain responsibilities which may be allotted to him from time to time. The appellant joined the services of the respondent no. 2 with effect from 1st November, 1976. It appears that the management of the respondent no. 2 was taken over by the Government of India through a Notification dated 16th May, 1977 and the Industrial Reconstruction Corporation of India was appointed the authorized person for the management of the Industrial Undertaking of the respondent no. 2. It also appears that subsequently the said Company was nationalized under The Jute Companies (Nationalization) Act, 1980 and such nationalization took place sometime in December, 1980. The appellant, on 15th February, 1982 filed a claim under category one for an amount of Rs. 2,54,500/ - before the Commissioner of Payments (respondent no. 1). The respondent no. 1 by order dated 18.7.1984 partially allowed the claim to the extent of Rs. 21,060/ - but rejected the rest portion of the claim on the ground that the respondent no. 2 considered the appellant to be a managerial staff and in terms of Section 18B of The Industries (Development and Regulation) Act, 1951, it should be deemed that the appellant has vacated his office in view of taking over of the management of the said Company. Such decision was taken by the respondent no. 1 on the basis that the appellant was in the managerial category of the said Company.;