SURENDRA NATH BHARGAVA,J. - (1.) THIS is plaintiff's second appeal against the judgment and decree passed by Additional District Judge, Kota, confirming the judgment passed by Munsif, Kota and dismissing the suit of the plaintiff appellant, for permanent injunction.
(2.) THE plaintiff appellant was appointed as Chief Designer by M/s Instrumentation Limited, Kota, defendent No. 2, by an order dated 18th December, 1964 (Ex. A -2) which contained condition No. 13, Condition No. 13 runs as under: Not with standing anything to the contrary here in before contained, the Company reserves the right to terminate your appointment during the period of training without assigning any reason upon giving you one calendar month's notice in writing on either side; On successful completion of your training your services will be continued, subject to satisfactory performance, and the appointment will be terminable by 3 months notice by the company or pay with allowances as admissible in lieu thereof, during the period of currency of the Bond referred to in para 10(a); After termination of the period of the Bond, your services will be continued subject to satisfactory performance, and the appointment will be terminable by 3 months notice on either side, or pay with allowances as admissible, in lieu thereof. The designation of the plaintiff was later on changed as Research and Training Manager. The plaintiff was served with a notice (Ex. A -1), dated 16 -3 -1970, terminating his services without assigning any person, which runs as under: Instrumentation Limited, Kota Admn. PP/62(1) 16th March, 1970 To, Mr. P.P. Dwivadi, Manager (Research and Training), Instrumentation Limited, Kota -5 (Rajasthan). The undersigned regrets to inform you that your services are terminated with immediate effect as per Clause 13 of the terms of your appointment dated 18 -12 -1964. As required under the said clause, three months pay with allowance as admissible in lieu of notice, is here by offered for payment to you. (i) You are requested to hand over the office charge to the Deputy Manager (Research); (ii) You are further requested to settle your account with the Company. Sd/ - (Brig Q.B.J. Shahaney) Managing Director According to the plaintiff, this order was passed because Shri B.J. Shahaney, Managing Director was unduly biased against the plaintiff and was very much annoyed.
(3.) THE plaintiff contended in the plaint that the order dated 16 -3 -1970 (Ex. A 1) was void and unauthorised as also ineffective for the reasons mentioned in para 3 of the plaint. One of the grounds taken in para 3(3) of the plaint was that the services of the petitioner could not be dispensed with after payment of three months salary. The plaintiff made the following prayer in the plaint: .........[vernacular ommited text]...........;