PYRE LAL SHARMA Vs. MANAGING DIRECTOR, J&K INDUSTRIES LTD

JUDGEMENT

(1.) THE petitioner challenges order No : JKI/46/83 dt.14 -6 -1983 whereby his services have been terminated by the Managing Director of the respondent Company. The challenge is made that the said order has been passed with out enquiry and has been issued by a person who was not the appointing authority of the petitioner. From the perusal of the record it appears that a show cause notice was issued to the petitioner that he was unauthorisedly absent from duty continuously from 21 -12 -1982 and 15 days notice in terms of Rules of the Company was served on him. The said notice is said to have been received back in the office and when it was delivered to him on 7 -5 -1983 he is said to have failed to explain his position, thereafter the following order was made : "It has now also been established that Shri Sharma was taking part in active politics during the period of his unauthorised absence and has filed nomination papers for contesting election from Baramulla Parliamentary Constituency, how that his unauthorised absence as well as his taking part in the active politics has been established, and in exercise of the powers vested in the management under Jammu and Kashmir Industries employees service Regulations the services of said Sh. Pyre Lal Sharma Chemical Engineer J&K Industries limited are herby terminated."

(2.) THE respondents have filed their reply affidavit and have justified this order as being good and well reasoned and in accordance with the Rules of the Company. A connected writ petition No: 661/83 was referred to the Full Bench. The question referred to the Full Bench was as to whether respondent Company was amenable to the writ jurisdiction of this Court. An earilier decision of the Full Bench of this court in Abdul Ahads case (AIR 1979 J&K 57) had held that a State owned Company was not an authority within the meaning of Art, 12 of the Constitution of India and therefore not amenable to the writ jursidiction of this court. On the basis of Ajay assias case (AIR 1981 S. C, 487) the Full Bench has held the respondent Company to the amenable to the writ jurisdiction of this court Therefore, the present writ petition is maintainable

(3.) MR . Nehvi appearing for the respondent has produced before me an order No: JKI/14/83 dated 20 -4 -1983 which is inthe natural of a Rule and Rule 16.14 had been modified and recasted as under : 16.14 The services of an employee shall be terminated by the Company if: a) his post is abolished, or b) he is declared on medical grounds to be unfit for further service, or c) if he remains on unauthorised absence, or d) if he takes part in active politics, In the case of (a) and (b) above the services shall be terimated after giving three months notice to a parmanent employee and one Months notice to a temporary employee on pay in lieu thereof.