( 1 ) THIS Letters Patent Appeal is directed against the judgment dated 5th August, 1993 passed by Jaspal Singh, J. in C. W. P. No. 1509/79. The facts as enumerated in the judgment read as below:-

"on May 3, 1973 the petitioner was appointed as Materials Manager by the Maharashtra State Textile Corporation (hereinafter called MSTC) which was a Government of Maharashtra Undertaking. Initially, the petitioner was put on probation for a period of six months and on successful completion of the same he was confirmed in service w. e. f. December 6, 1973. On September 2, 1974 his salary was raised from Rs. 2,500. 00 to Rs. 2625. 00 per month. The raise was on account of his performance evaluation and in appreciation for the same.

FOLLOWING the Sick Textiles Undertakings (Nationalisation) Act, 1974 (hereinafter called Act) the management of 21 of the 25 sick textile mills was transferred from the MSTC to the National Textile Corporation (hereinafter REFERRED TO to as NTC) which is a Government of India Undertaking constituted under the Act. On March 21, 1975 the MSTC wrote to the petitioner that as on account of the said take-over of 21 sick textile mills by the NTC it would n