SUBODH RANJAN GHOSH Vs. SINDRI FERTILISERS AND CHEMICALS LTD

JUDGEMENT

(1.) In this case the petitioner Subodh Ranjan Ghosh has obtained a rule in the High Court calling upon the respondents to show cause why a writ under Article 226 of the Constitution should not be issued for, quashing an order dated 22-12-1955, terminating the services of the petitioner with effect from that, date on payment of six months' salary in lieu of notice. Cause has been shown by counsel on behalf of the respondents to whom notice of the rule was ordered to be given.

(2.) The petitioner was appointed as a Shift Charge Engineer in the Sindri Fertilizer Project on 35-11-1948, for a term of five years, by the Ministry of Industry and Supply of the Government of India. In the year 1851 a private limited company was constituted, called Sindri Fertilisers and Chemicals Limited, which was owned completely by the Government of India and the management of which was entrusted to a Board of Directors nominated by the President of India and acting under his direction and control. The share capital of the Company was Rs. 30,00,00,000/- consisting of three lakhs of shares valued at Rs. 1,900/- each. The President of India was allotted 2,99,999 shares and the Secretary of the Production Ministry was allotted one share. Alter the Company was constituted, the assets of the Fertilizer Project were transferred to the said Company with effect from 15-1-1952. The petitioner continued to serve as a Shift Charge Engineer under the Company and later he was employed as an Assistant Superintendent, Power Plant Maintenance. The service agreement between the petitioner and the Government of India is annexure J of the petitioner's affidavit. It is necessary at this stage to quote the material portion of the service agreement:

(3.) The service of the party of the first part may be terminated as follows: