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2006 Supreme(SC) 178

S.B.SINHA, P.K.BALASUBRAMANYAN
Branch Manager, M. P. State Agro Industries Development Corpn. LTD. – Appellant
Versus
S. C. Pandey – Respondent


Judgment

S.B. Sinha, J.—Leave granted.

2. The appellant herein is a statutory corporation and, thus, a ‘State’ within the meaning of Article 12 of the Constitution of India.

3. The respondent herein was temporarily appointed as a Typist. He was appointed by the Branch Manager, Morena Branch of the appellant whereafter intimation thereto was given to the Regional Manager, stating :

"Shri Vinod Bharga has left the services from this Office and now Shri S.C. Pandey has been temporarily appointed as a Typist w.e.f. 16th September, 1985.

The original application of Shri Pandey is enclosed herewith. Please issue necessary orders."

4. He appears to have been appointed an daily wages. His services were terminated by an order dated 18.7.1987 with immediate effect by the Regional Manager on the ground that his services were no longer required.

5. On or about 23.8.1987, assailing the said order of termination, he filed an application before the Presiding Officer, Labour Court No. 2, Gwalior wherein an interim order was passed not to remove him from services. Although, the order had been given effect to, but in view of the said interim order, he was allowed to continue in service.

6. Before the Labour




























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