S C DAS CHAIRMAN H S E C CO OPERATIVE STORES Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application is directed against an order of the Presiding Officer, Labour Court, Ranchi respondent No. 2, dated 5-5-1979, contained in Annexure 12, setting aside the order of termination of the services of respondent No. 3 and reinstating him to his post of Sales Manager of the petitioner Consumers Co-operative Society, with full back wages.

(2.) Respondent No. 3 was appointed as the Sales Manager under an appointment letter dated 3-11-1973 (Annexure-1). It would be better to quote the relevant stipulations stating the terms of the appointment as they are relevant for the questions agitated for our decision. The letter states that the post was offered "on a purely temporary basis...with effect from 1st September, 1973", on the terms and conditions that:

(3.) It appears from the perusal of the impugned order of the Labour Court as well as the statements made in the writ application and in the counter-affidavit filed on behalf of the respondent No. 3, that some enquiry was also conducted by the employer in relation to certain irregularities and shortages in the cash balance under his charge. But the order of tennination-Annexure-8 which was ultimately served upon him on 17-4-1974 only stated that" your services are being terminated with immediate effect and in lieu of one month's notice, one month's pay of Rs, 175 is being paid to you in cash." Reference to Clause (ii) of the letter of appointment was also made in this letter obviously meaning that the termination was based on the terms of the appointment letter.