( 1 ) THIS appeal is directed against the judgment dated 10. 8,87 passed by Mr. Justice Umesh Chandra Banerjee in C. O. No. 11155 (W) of 1986. By the aforesaid judgment, the learned trial Judge dismissed the writ petition. Sri Anupam Ghosh was the Finance Director of Andrew Yule and Co. Ltd. , which is admittedly a Government Company within the meaning of the Companies Act. In the letter of appointment of the writ petitioner-appellant, Sri Anupam Ghosh, it was inter alia, provided that the service of Sri Ghosh was liable to be terminated on either side on three months' notice or on payment of three month's salaries in lieu thereof. The service of Sri Ghosh was terminated by an order dated 22. 8. 86 and he was served with a letter of termination with immediate effect and a cheque of three months salary in lieu of notice was enclosed with the letter of termination. Such letter of termination was the subject matter of challenge in the writ petition concerning Civil Order No. 11155 (W) of 1986 and it was contended that such order of termination was malafide and an utter abuse of the power vested in the concerned authority and the same was also bad on the ground of lack o