MANDEEP SINGH Vs. PUNJAB AGRO INDUSTRIES CORPN. LTD.
LAWS(P&H)-1989-7-107
HIGH COURT OF PUNJAB AND HARYANA
Decided on July 28,1989

MANDEEP SINGH Appellant
VERSUS
Punjab Agro Industries Corpn. Ltd. Respondents

JUDGEMENT

A.L. Bahri, J. - (1.) Mandeep Singh in this petition filed under Articles 226 and 227 of the Constitution of India seeks a writ of certiorari for quashing order dated August 6, 1987, Annexure P.1, passed by the Punjab Agro Industries Corporation Limited (hereinafter to be called the Corporation) and for other appropriate writ, direction or order as may be deemed fit in the circumstances of the case. The petitioner did his B.Com. and L.L.B. with 66.6 per cent marks. He took six months training with Messrs Toshiba Anand Batteries Limited, Cochin. He also worked as Marketing Officer with Messrs Peters & Smith (India) Private Limited, Calcutta from April, 1983 to March, 1985. Thereafter, the petitioner applied for the post of Management Trainee with the respondent-Corporation and ultimately he was selected and so appointed vide letter dated March 11, 1985, Annexure P.2. According to the petitioner, he was appointed as such under the newly constituted scheme. After completion of the training period, the petitioner was informed vide letter dated April 13, 1987 that he was being offered the post of Manager, Grade-III, with basic pay of Rs.940 with effect from October 3, 1986. Copy of the letter is Annexure P.3. Vide terms and conditions of this appointment letter, he was put on probation for a period of one year. This period was to expire on October 2, 1987. In June, 1987, there was change of the Managing Director of the Corporation. As a matter of policy, he took up a decision to extend the period of probation or to terminate the services of such persons like the petitioner who had not done M.B.A. or Engineering. The impugned order Annexure P. 1, passed on August 6, 1987 relieving the petitioner with immediate effect from the post of Manager, Grade-III, came as a bolt from the blue. On the very next day, the father of the petitioner met the Chairman of the Corporation as well as the Managing Director. Subsequently also he has been meeting them. The assurance was given to him that the petitioner would be taken back in service.
(2.) On December 3, 1987, the Corporation terminated the services of one Mr. Tarun Sadana on the ground that he had not done M.B.A. Mr. Sadana filed C.W.P. No.9233 of 1987 in this Court which was allowed. The order terminating his services was quashed and the Corporation was directed to reinstate him with benefits of continuity of service and arrears of salary with interest at the rate of 12 per cent per annum. The High Court decided the said writ petition on August 4, 1988.
(3.) On behalf of the petitioner, a legal notice dated August 17, 1988 by registered post was sent to the Corporation. Copy of the judgment of the High Court in Mr. Sadana's case was also attached. Copy of the notice is Annexure P.4 and copy of the judgment of High Court in Mr. Sadana's case is Annexure P.5. The Corporation did not take any action. Hence, the petitioner filed the present writ petition challenging the said order.;


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