(1.) THIS appeal directed against an appellate decision and a revisional application in the alternative have been heard together. It will be necessary to refer to the material facts in the background to appreciate the real dispute between the parties as raised in this appeal and the application in the alternative and decide the some,

(2.) THE first respondent, Tridib Nath sanyal, was an employee of the appellant, oil and Natural Gas Commission, a body corporate constituted under the Oil and Natural gas Commission Act, 1959 (hereinafter referred to as the said Act). The said respondent (hereinafter referred to as the plaintiff) instituted Title Suit No. 17 of 1971 in the First Court of the learned Subordinate judge, Alipore for a declaration that an order dated January 4, 1971 passed on behalf of the commission under regulation 14 (5) of the Leave Regulation 1968 directing the the plaintiff to be deemed to have resigned from his appointment and, as such, no longer in service, is bad, illegal, ultra vires and that the plaintiff is still continuing in service and is entitled to salary since July 9, 1970. In this suit, the present appellant was the first defendant (hereinafter