J.C. Verma, J. - (1.) The petitioner was employed with M/s. Jaipur Metals & Electricals Ltd. (hereinafter called as Company). The post of Chairman-cum-Managing Director is being held by an officer of IAS Cadre having been so appointed by the Government on deputation. The other Directors of the Company are either nominees of the State of Rajasthan or of I.F.C.I. or of Employees Co-operative Societies. Because of certain circumstances, the Company was acquired by the State of Rajasthan by enacting the Act i.e. Jaipur Metals and Electricals (Acquisition of Shares) Act, 1986 which received President's assent on 20-11-1986. All the shares of the Company are deemed to have been transferred and vested in the State Government under the provisions of S. 3 of the Act. The Management of the Company was vested in the State as per S. 4 of the Act.
(2.) The petitioner was initially appointed in the Company on 26-11-1969 vide Annexure-1 as Supervisor and was ultimately promoted as Foreman on 10-2-1975 vide Annexures-2 and 3. Terms and conditions of the service of the petitioner were mentined in the respective orders of appointment/promotion. He was again promoted in July 1988 vide order dated 27-6-1988 as Superintendent and again as Senior Superintendent on 13-4-1994 vide Annexures 4 and 5 respectively. He was removed from service on 14-5-1994 vide order Annexure-6. On the representation made by the petitioner, he was reinstated in service on 9-6-1994 vide Annexure-8. It is stated that his services were appreciated as outstanding. He was even given the cash prise on two occasions on 24-4-1995 and 22-7-1995. But all of a sudden vide Annexure-11, his services were terminated by one line order on 2-9-1995 stating that his services are no more required. Being aggrieved, the petitioner has moved this writ petition for quashing Annexure-11 on the ground that the termination of services of the petitioner is wholly illegal and unjustified and violative of Art. 14 and 16 of the Constitution of India. It is further stated that Clause 12 of the order of appointment as Supervisor as mentioned in Annexure-3 to the effect that the services of the petitioner can be terminated at any time without assigning any reason by giving one month's notice or on payment of one month's salary in lieu of notice is illegal and violative of Art. 14 of the Constitution of India.
(3.) A preliminary objection has been taken by the respondent to the effect that no writ petition is maintainable on the ground that the respondent-Company is not a 'State' under Art. 12 of the Constitution of India. However, to support the contention the respondent-Company relies on the decisions in the case of Chander Mohan Khanna v. The National Council of Educational Research & Training, AIR 1992 SC 76 , Division Bench decision of this Court in Dahra Gram Sewa Sehkari Samiti Ltd. v. Indian Farmers Fertilizers Co-operative Ltd., 1992 (3) WLC 237 ; Ajay Singh v. The Board of Technical Education, 1988 (1) RLR 196 ; Som Prakash Rekhi v. Union of India, AIR 1981 SC 212 ; Ramana Dayaram Shetty v. The International Airport Authority of India, AIR 1979 SC 1628 and Central Inland Water Transport Corporation Ltd. v. Tarun Kanti Sengupta, AIR 1986 SC 1571 : 1986 Lab IC 1312 .;