Judgement

[SUPREME COURT EDITORIAL NOTE : Facts of the case

The respondent - M.A. Chowdhary was appointed as a Staff Artist in All India Radio, Bombay under an agreement executed by him with the Director General of All India Radio. The agreement was for three years. On the expiry of three years, the respondent was reemployed and his contract was renewed on yearly basis up to 30th November, 1964. Thereafter he was re-employed on a five years contract.

On November 2, 1967 the Government of India passed an order stating that Staff Artists should be allowed to remain in service up to the age of 55 years. Accordingly, a clause was added to the agreement executed by the respondent, stipulating that the respondent shall remain in service up to December 31, 1985 on which date he was to attain the age of 55 years. Clause 4 (v) of the agreement however, provided that the respondents service will be liable to be terminated on 6 months notice on either side.

In due course, the respondent was transferred to All India Radio, Varanasi. The Assistant Station Director of All India Radio, Varanasi issued a notice dated 5th October, 1970 intimating the respondent that this services would stand term