JIBA KANTA BARUA Vs. ASSAM TEA CORPORATION LTD. AND ANOTHER

JUDGEMENT

(1.) In this application under Art. 226 of the Constitution, the petitioner has challenged the order dated 22.10.84 terminating his service by the Managing Director of the Assam Tea Corporation Limited.

(2.) Facts : The petitioner was appointed as Assistant Manager sometime in the month of May, 1978. He was confirmed as Assistant Manager w.e.f. 15.11.78, under order of the Managing Director, dated 29.11.78. But, under the impugned order, the Managing Director terminated the services of the petitioner on the ground that his service was no more required. The petitioner was paid three months pay in lieu of notice in the exercising of power under Regulation 46 of the Assam Tea Corporation Limited Service Regulation. The petitioner has challenged the Regulation 46 as well as the order of termination.

(3.) In the instant case, no inquiry was held in view of Regulation 46. Regulation 46 runs as follows :