Judgment

DESAI, J. :- Another unequal fight between a giant public sector undertaking, Oil & Natural Gas Commission (Corporation for short) and a Store Keeper which has been brought to this Court by the ultra legalist stand taken by the Corporation which lacks equanimity and smacks of victimisation.

2. The appellant was appointed as Assistant Store Keeper in April, 1962 and was posted at Dehradun. Later on when the Corporation decided to recruit Store Keeper, the appellant was selected in open competition and was appointed on December 7, 1963 as such. He was posted at Cambay, Gujarat and later on December 24, 1963 sent back to Dehradun. The office order dated February 26, 1964 recites that the appellant has been appointed as Store Keeper till further orders and the post is sanctioned for the period February 7, 1964 to February 29, 1964. In other words, a man selected in an open competition was offered the post which was to last for 22 days roughly. He was also told that his appointment was purely temporary and that other terms of service were those as set out in the letter dated December 7, 1963, one of which was that the appellant will be on probation for a period of six months from the date of the appointment and the same may be extended at the discretion of the appointing authority and that the appointment may be terminated at any time by a months notice given by either side. On January 13, 1965, the appellant was informed in writing by the Memorandum No. PF/K-44-/64-ENT that the appellant on successful completion of the probation period of six months, is continued in service on regular basis until further orders. By office order dated April 6, 1967, the appellant who was described as Store Keeper, Grade I, Mech. Engg. Branch was transferred to Cambay-Nawagam project. This transfer order was challenged by the appellant on diverse grounds in a suit filed by him. He sought an interim injunction restraining the respondents from implementing the order of transfer. Interim injunction as prayed for was granted.

3. The Oil & Natural Gas Commission Employees Mazdoor Sabha (Union for short), Dehradun submitted a charter of demands on May 15, 1967 and it was followed by a notice threatening direct action by the members of the Union. It appears that the appellant was an active worker of the Union. The usual management response emerged by a secret letter dated September 1, 1967. Shri R. P. Sharma, Chief Engineer under whom the appellant was at the relevant time working was told that the appellant is the main trouble maker and that he is being given free hand by his immediate superiors and that the Chief Engineer did not keep strict vigilance over the activities of the appellant. The. employees of the Corporation went on strike on September 12, 1967. It was called off on September 24, 1967. On September 28, 1967, the Union submitted a list of workmen to the Corporation requesting the Corporation to give them the status of protected workmen as required by Sec. 33(4) of the Industrial Disputes Act, 1947. Appellants name appears at S. No. 2 in this letter. On December 27, 1967 the Union complained of victimisation of the active union workers including the appellant. On December 29, 1967 Office Order No. M(Engg) 1(1)/67 was issued by which the services of the appellant were terminated with immediate effect in accordance with the terms and conditions of his service. A cheque in the amount of Rs. 317/- accompanied the order being one months pay in lieu of notice. The appellant challenged in Writ Petition No. 1395/68 in the Allahabad High Court the legality and validity of the order terminating his services.

4. A Division Bench of the Allahabad High Court held that despite the order dated January 13, 1965 that on successful completion of the probation period, the appellant has been, appointed on a regular basis as Store Keeper, he was none-the-less a temporary employee of the Corporation till the date on which his services were terminated. The Hig