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1973 Supreme(Cal) 36

SALIL KUMAR DATTA
CALCUTTA ELECTRIC SUPPLY CORPORATION LTD. – Appellant
Versus
RAMRATAN MAHATO – Respondent


Advocates Appeared:
Arun Kumar Dutta, KANIKA BANERJI, P.N.Chunder, S.N.BANERJEE

SALIL KUMAR DATTA, J.

( 1 ) THIS is an appeal by the defendants against a judgment of reversal. The plaintiff instituted the suit on the following allegations : The plaintiff worked for several years temporarily under the Calcutta Electric Supply Corporation Ltd. , the defendant No. 1 (hereinafter referred to as the Company) at its Regional Office at premises No. 433/1, G. T. Road (North ). Howrah as vendor, cleaner and plate washer in places of absent and leave-enjoying bearers. He was appointed by the company in that post on February 1, 1968 and after unspotted and continuous service for six months became automatically permanent in his post from August 1, 1968. The Revenue Officer of the said office, the defendant No. 2 by a verbal order passed on November 12, 1968 discontinued the plaintiff's service without assigning any reason or following legal procedure. The plaintiff in the circumstances, instituted this suit on November 13, 1968 praying for a declaration that (i) the verbal order of discontinuance of the plaintiff's service was illegal, void, inoperative and ultra vires; (ii) the plaintiff was and continued to be in the said permanent service and entitled to salary and da



















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