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1962 Supreme(SC) 268

P.B.GAJENDRAGADKAR, K.C.DAS GUPTA
Provincial Transport Services. – Appellant
Versus
State Industrial Court, Nagpur – Respondent


Advocates:
B.A.Masodkar, B.L.KHANNA, E.J.MOHARIR, GANPAT RAI, J.B.DADACHAN, M.C.SETALVAD, O.C.MATHUR, Ravindra Narayan

Judgment:

DAS GUPTA, J.: This appeal by special leave is against an order of the High Court of Bombay at Nagpur rejecting an application made by this appellant under Arts. 226 and 227 of the Constitution for quashing an order made by the State Industrial Court, Nagpur, in the matter of dismissal by the appellant of its employee, Kundlik Tulsiram Bhosle. Kundlik Tulsiram Bhosle, who is the third respondent before us, was engaged as a temporary Motor driver in the service of the appellant. He was appointed on December 22, 1954 and it was expressly mentioned in the letter of appointment that until such time as he was confirmed by an order in writing his services were liable to be terminated at any time without notice or compensation and without assigning any reason. It has also stated that his case would be considered for confirmation one year after the date of appointment, provided a suitable permanent post fell vacant and his work was found satisfactory. By an order dated December 19, 1955 he was dismissed from service from December 20, 1955. It appears that before this step was taken by the management, Kundlik had been served with a charge-sheet that on November 14, when he was in c













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