Judgement

RANGANATH MISRA, J. :- Special leave granted.

2. Appellant was in employment of the respondent having been recruited on 1-9-1964 and served the employer in various capacities from time to time and was promoted as Unit Manager, Reservation and Ticket Office, from 1-12-1980. Appellant was a member of the Pan American World Airways Employees Association which was formed in 1965 and came to hold various positions in that union from 1971. When the appellant. was promoted as Unit Manager, the Management objected to his continuation as a member of the union. He had been given the option by the management of reverting back to his former post in case he wanted his union association to continue or to continue in the higher post and keep away from the union. Dispute started over this issue and ultimately the appellant was thrown out of employment in terms of letter dated 30th August, 1982 which read thus :-

"In view of the attitude you have adopted in the last several months, it is not in interest of the company to retain you in service any more accordingly, it has been decided under section 206 clause IV(B) of the Personnel Guide - India for Management/ Supervisory and Confidential St