JUDGMENT :

Subrata Talukdar, J.

1. The facts of this appeal have stretched the limits of litigation. If the contention of the appellant is to be accepted then, arguably, the principles of service jurisprudence may require to be re-written.

2. At issue in these two analogous appeals is the legality of action taken by the appellant company to determine the contract of employment of the petitioner/ the sole respondent in these appeals, forthwith for loss of substratum. To the mind of this Court at the very first instance the loss employment on the ground of loss of substratum is a novel and hitherto perhaps a little discussed expression in service jurisprudence.

3. For a better understanding of what constitutes loss of substratum qua the writ petitioner as conveyed by the appellant company namely, the Braithwaite Burn and Jessop Construction Company Ltd., formerly known as Bharat Bhari Udyog Nigam Ltd., BBUNL (hereinafter referred to as the Company), it would be necessary to refer to a few correspondence. First of the correspondence is a Memorandum of the Company bearing Memo. No. BBUNL/PROJ/2013/1032 Dated 22nd October 2013 issued by one Mr. S. Nandi, the then General Manager (GM) (Proje