TMI Blog1969 (3) TMI 84X X X X Extracts X X X X X X X X Extracts X X X X ..... 60 the appellant was dismissed by the Company's letter of the same date. It was to the following effect: Your services are hereby terminated with effect from March 11, 1960 on the following grounds: In a Conference held in writer's Office on the afternoon of March 10, 1960 in which our Personnel Manager Mr. P.K. Krishna Pillai, Production Manager, Mr. S.S. Narayan, Personnel Superintendent Mr. S. Misra, yourself and the writer were present, you have stated: 1. That you have no confidence in the fair dealings of the Company. 2. That you would be looking for another job elsewhere and that you are only continuing your services with the Company till you secure another job. 3. That you have stated in the presence of the ab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arch 11, 1964. The main question for consideration in this appeal is whether the order of dismissal dated March 11, 1960 was illegal because no notice was given to the appellant for his alleged misconduct and no inquiry was held by respondent No. 4 into the alleged misconduct before the order of dismissal was made. It was contended for the appellant that there was a violation of principle of natural justice and the order of dismissal was defective as no notice of the allegation was given to the appellant and no enquiry was held by respondent No. 4. We are unable to accept this argument as correct. The order of dismissal was made by respondent No. 4 not because of any imputation of misconduct but in terms of the contract of service incorpora ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... service of the appellant without assigning any reason by giving one months' notice or one months' salary in lieu of notice. Upon a reading of the letter dated March 11, 1960 we are of opinion that the removal of the appellant was effected in accordance with the terms of the contract. It is true that in the first part of the letter respondent No. 4 has said that the appellant had refused to disclose the names of the members of the Supervisory Staff taking part in the union activities and the appellant had not extended cooperation to the Personnel Superintendent who was his immediate superior officer. For these reasons respondent No. 4 thought that the appellant failed in his duty of obedience to superior officers and was also not sho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the factory; provided that, in the case of discharge or dismissal, the Welfare Officer shall have a right of appeal to the State Government whose decision thereon shall be final and binding upon the occupier. 5. The appellant was heard by the State Government in support of his appeal and ultimately the State Government dismissed the appeal in its order dated January 2, 1962. In these circumstances we are of opinion that the order of respondent No. 4 dated March 11, I960 has merged in the appellate order of the State Govt. dated January 2, 1962 and it is the appellate decision alone which subsists and is operative in law and is capable of enforcement. In other words the original decision of respondent No. 4 dated March 11, 1960 no longer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... required to be performed by the appellant. Apart from the duties mentioned in Rule 7 the contractual terms of employment incorporated in the letter dated January 25, 1956 also impose additional obligations on the appellant. It has been found by the appellate authority that there was evidence to support the finding of respondent No. 4 that the appellant was guilty of disobedience to superior officers and an act of disloyalty to the management in refusing to disclose the names of members of the supervisory staff taking part in Union activities. The appellate authority also found that there was no colourable exercise of power on the part of respondent No. 4. The High Court is not constituted under Article 226 of the Constitution as a court of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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