This appeal directed against the judgment and decree dated 22nd March, 1975 passed in Title Appeal No. 70 of 1974 by the 2nd Court of the learned Additional District Judge, Burdwan affirming the judgment and decree passed by the learned Munsif, 1st Court, Durgapur in Title Suit No. 14 of 1973, is at the instance of the defendant appellant, M/s. Hindustan Steel Ltd.

2. Before I advert to the plaint case it is necessary and appropriate for me to write a few lines about the unfortunate manner by which the case of the appellant is presented before the courts below. It appears that the appellant did not produce the personal file of the plaintiff and thereby, the learned courts below were debarred to some extent from considering the nature of the order passed on the application for leave made by the plaintiff, respondent herein. The appellant being a Government undertaking company is required to act cautiously and carefully, particularly while dealing with the case of his employees. Employment of an employee in the Government undertaking company now coming within reach, sweep and amplitude of State within the meaning of Article 12 of the Constitution which is a sensitive issue. Af