G.S. Singhvi, J. - (1.) THIS appeal is directed against order dated 5.12.1990 passed by the learned Single Judge vide which he allowed C.W.P. No. 6316 of 1988 and quashed the termination of the services of Respondent -Subhash Chand.
(2.) THE facts necessary for deciding the appeal are that the Respondent was appointed as ad hoc Senior Mechanical Engineer in the service of the Appellant on 7.8.1986. His services were regularised w.e.f. 1.1.1987. After successful completion of the period of probation, he was confirmed in the service. By an order dated 29.6.1988. his service was terminated on the ground that the same was not required. The Respondent challenged that order by contending that Clause 3 of the letter of appointment relied upon by the Company for terminating his service was ultra vires to Articles 14 and 16 of the Constitution of India and the termination of his service was vitiated due to violation of the rule of audi alteram partem. In the written statement filed on behalf of the Appellant, the very maintainability of the writ petition was questioned on the ground that it was a non -governmental company and was not amenable to the writ jurisdiction of the High Court under Article 226 of the Constitution of India. On merits, it was averred that the services of the Respondent had been terminated in accordance with the conditions embodied in the contract of employment. It was further averred that the Respondent had misbehaved with the senior officers and therefore, after considering the entire record, the Board of Directors decided to dispense with his service by invoking Clause -3 of the letter of appointment.
(3.) AFTER hearing the parties, the learned Single Judge allowed the writ petition and quashed order dated 29.6.1988.;