Judgment

RAMASWAMI, J.-This appeal is brought by special leave from the judgment of the Orissa High Court dated the 11th March, 1964 in OJC No. 205 of 1963.

2. The appellant was appointed as Welfare Officer by the Indian Aluminium Co.," Ltd., Calcutta, respondent No. 4 (hereinafter referred to as the Company) at its Hirakud factory in its personnel department with effect from the 16th July, 1956. By its letter dated the 31st January, 1959 the Company informed the Labour Commissioner, Orissa that the appellant was a Welfare Officer. On 11th March, 1960 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 11th, 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 above mentioned Officers of the Company and the writer that you have no interest in the Company and further that you will not be showing any general interest in your work ; and

4. that you will not be extending co-operation to the Personnel Superintendent who is your immediate Superior Officer. You will also recall that in the post you had taken up an attitude of non-co-operation with your Departmental Head and that the writer had to advise you on several occasions to change your attitude and to improve your performance.

On the above grounds we have completely lost confidence in you and, therefore, it is not in the interest of the Company to keep you in our service in the responsible position of Welfare Officer.

You will please vacate the Company quarter which you are presently occupying and collect your dues including one month s notice pay which the company is pleased to give ex gratia though under the terms of contract you are not entitled to it."

3. The appellant took the matter in appeal to the State Government but the appeal was dismissed by the order of the State Government dated the 2nd January, 1962. The appellant thereafter moved the Orissa High Court for the grant of a writ in the nature of certiorari under Article 226 of the Constitution to quash the appellate order of the State Government dated the 2nd January, 1962 and the order of dismissal made by respondent No. 4 dated the 11th March, 1960. The application was dismissed by the High Court by its judgment dated the 11th March, 1960.

4. The main question for consideration in this appeal is whether the order of dismissal dated the 11th March, 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 incorporated in the letter of respondent No. 4 dated the 25th June, 1956 which states :

"We have the pleasure in offering you a position in our Hirakud project for a trial period of six months commencing from July 16th, 1956. You will be confirmed in the post on your satisfactory completion of the probationary period.

You will be subject to the staff rules fixed or modified from time to time and after confirmation of your appointment you will also be entitled to