- (1.) THE petitioner was an employee of the West bengal State Electricity Board. He was holding the post of 'peon' in the pay scale of Rs. 280-390. He was appointed on 20th August, 1973 on an ad-hoc basis as Mazdoor on Muster Roll establishment on a daily wage of Rs. 5. 20 P. by the West Bengal State Electricity Board. The service of the petitioner was terminated on 27th January, 1983 on payment of 3 months wages in lieu of three months' notice. The said termination has been challenged in this proceeding.
(2.) TO appreciate the contentions of the parties, it is necessary to set out the said order of termination dated 27th January, 1983: "office ORDER No. 3 dt. 27th January, 1983. In supersession of this Office Order No. Estb/ad-hoc/class-IV/13 dated 30th April, 1979, it is hereby ordered afresh that the services of Sri Abhijit Aich Roy S/o ashutosh Aich Roy initially appointed as a mazdoor on an Ad-hoc basis under this office Order No. Estbt/ad-hoc/class-IV/424 dated 16th August 1973, are hereby terminated with immediate effect on payment of three months' wages in lieu of three months' notice. "
(3.) THE case of the petitioner is that on 30th april, 1979, the petitioner, along with others because of the Trade Union movement, was sought to be dismissed from service but ultimately, upon the representation, the said order was not acted upon and the petitioner remained in service. The case of the petitioner is that he was holding a substantive post of peon and accordingly his services could not have been terminated in the manner it was sought to be done.;