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1981 Supreme(Pat) 78

HARI LAL AGRAWAL, MANORANJAN PRASAD
K. K. Sharan – Appellant
Versus
Bharat Wagon and Engineering Co. Ltd. – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: Basudeo Prasad, Chandramauli Kumar Prasad and Ashwini Kumar Sinha
For Respondents/Defendant:B.C. Ghose, K.P. Verma, A.G., Ram Nandan Roy and Shyam Kishore Sharma for the Respondent No. 1 and Mr. A.K. Sinha, S.C.C.G. for the Respondent No. 2

JUDGMENT :

Hari Lal Agrawal, J.

1. The petitioner had filed the writ application seeking a writ in the nature of mandamus commanding the respondents not to interfere with his functioning as the General Manager of the Bharat Wagon and Engineering Co. Ltd. (Mokameh Unit), a Government of India undertaking. Although no notice in this regard was served on the petitioner, he had come across a news item published on 19.6.1980 in the Indian Nation, a local English daily, purporting to be on behalf of the Chairman and Managing Director of the aforesaid company, to the effect that his services had been terminated with effect from 18.6.1980. A copy of the said publication was filed as Annexure 10 to the writ application.

A learned single Judge before whom the application was put up for admission on 24.6.1980 (the Court being in vacation on referring to the case of (1) Ramana Dayaram Shetty V. The international Airport Authority of India & Ors (A.I.R. 1979 S.C. 1028) granted stay of operation of the aforesaid ORDER :contained in Annexure 10 (only so far as the status of the petitioner was concerned). The petitioner, however, had given an undertaking not to go to the works and endeavour to functi




































































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