Bakshish Kaur, J. - (1.) THE petitioner by invoking the extraordinary writ jurisdiction of this Court under Articles 226 and of the Constitution of Indiaprays for quashing termination order Annexure P -3 vide which his services were terminated without affording an opportunity of being heard.
(2.) SH . Bhagirath Sharma, the petitioner, was appointed as Manager (Personnel), Punjab Spinning & Weaving Mills Ltd., Chandigarh (hereinafter referred as the Company) on August 17, 1989 as per appointment letter, Annexure P -1. One of the conditions of service was that his services will be treated as confirmed from the very beginning, which were terminable after giving one month notice from either side, or, pay in lieu thereof. He had been working as such. His work and conduct was appreciated by me employer and he was also assigned the duties of Factory Manager vide resolution dated November 3, 1989, passed by the Board of Directors of the Company. It is averred that while the petitioner was posted as Manager (Personnel) at Works Bathinda he proceeded on medical leave from 25.12.1989 to 16.1.1990 duly sanctioned by respondent No. 2. On 17th January, 1990 the petitioner reported back on duty with fitness certificate and submitted the joining report Annexure P -2, but he was not allowed to attend his duties. He was stopped at the gate by the security personnel as per verbal instructions of General Manager (Works). On 18th January, 1990 again he was not allowed to join the duty because on 23rd December, 1989 he had filed a complaint against the General Manager before the respondent No. 2. The petitioner approached the Chairman and Director of the Company for redressal of his grievances and on the direction of the Chairman he was allowed to join the duty at Headquarter, Chandi - garh, with effect from 19.1.1990 and was assured the payment of salary for the period of 17th and 18th January, 1990.
(3.) THE petitioner continued to work as Manager (Personnel) at Headquarter, Chandigarh. Respondent No. 2 pressurised him to resign from the post because of mala fide intention and extraneous consideration as he wanted to appoint Mr. K.P. Singh as Manager (Personnel) who was already working with the Company on deputation prior to joining of the petitioner at Headquarter, Chandigarh. On his joining at Headquarter, Chandigarh, Mr. K.P. Singh was transferred as Manager (Personnel & Administration) at Bathinda. Mr. K.P. Singh is a permanent employee of Punjab State Industrial Development Corporation where he was serving as Office Assistant prior to his appointment as Manager (Personnel) on deputation. The respondent No. 3 with mala fide intention and to adjust and confirm the services of Mr. K.P. Singh wanted to terminate the services of the petitioner. Ultimately petitioner's service were terminated vide order Annexure P -3, with effect from 31st March, 1990, without affording him an opportunity of being heard and without holding any regular enquiry. In as much as salary in lieu of three months notice as required under the rules and regulations governing the services of the petitioner and one month salary in lieu of the notice in accordance with the terms and conditions of the appointment was not paid simultaneously at the time of termination of his services. Soon after terminating the services of the petitioner, the respondent No. 2 had appointed and posted Mr. K.P. Singh as Manager (Personnel) in his place.;