2006 Supreme(Mad) 465
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE P. JYOTHIMANI
K.P.Pandi & Others - Appellant
Versus
District Manager, Tamil Nadu State Marketing Corporation Limited (TASMAC) & Others - Respondents
W.P.Nos.689 to 693 of 2006 & W.P.No.9686 of 2005 & W.P.M.P.Nos.762 to 766 of 2006 & W.P.M.P.No.10400 of 2005
Decided On : 23 February 2006
Employees are entitled to adequate opportunity before their services are terminated.
Headnote:Service Law - Termination-Temporary post-Breach of conditions of appointment - Employees are entitled to adequate opportunity before their services are terminated - Order of termination is invalid- On termination of services amount deposited cannot be forfeited.
Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the respondents. By consent of all the counsels, the writ petitions are taken up for final hearing.
2. In all these cases, the common question that arises for consideration is about the validity or otherwise of the orders of District Manager of Tamil Nadu State Marketing Corporation Limited (TASMAC) Linder which the respective petitioners were terminated, from service by breach of Conditions 3, 5, 7 of the Conditions of their appointment and also for having acted against the interest of the Corporation resulting in disrepute to the Corporation, on the basis of finding in the enquiry that the petitioners in collusion with the contractors of the portion attached to the liquor shop selling miscellaneous items. Of course in one case viz., in W.P.No.9686 of 2005, the ground of termination is stated to be that, oil inspection of flying squad it was found that in the liquor was added with water.
3. It is common ground, in all these cases, the petitioners were appointed in TASMAC as Bar Supervisors. It is also clear from the records that these persons appointed as TASMAC Bar Supervisors were invariably graduates along with Diplomas in various fields and most of them were unemployed and accepted the job of TASMAC Bar Supervisor only as a last resort. It is also common ground that every TASMAC shop has two portions viz., shop and Bar. The TASMAC shop is conducted by the staff of TASMAC. The Bar which is attached to each shop and adjacent to it is maintained by the contractors who are selected by auction by the TASMAC for earning revenue to the Government. It is this Bar portion which is supervised by the above said Bar Supervisors appointed by the first respondent.
4. It is also brought to the notice of this Court that the duty hours of these Bar Supervisors who are attached to the Bar are from 8 a.m to 12. The conditions of their appointment which is focused by the learned counsel for the petitioners has also regularized in the following terms:
"Order: The services of Thiru------------- are hired on contract basis for a consolidated sum of Rs.3000 P.M. with the following contractual obligations:
(1) You are hired oil a purely part time/ Temporary and a contract basis.
(2) Your service will be on a rotation basis to any other retail shops/Bars.
(3) During your service tinder the Corporation you shall diligently perform your duties to the satisfaction of your superiors.
(4) You shall abide by the instructions issued by the Corporation and your superiors from time to time and perform all duties and works entrusted to you by your superiors from time to time.
(5) In case of any breach of rules and regulations, the instructions of your superiors and the duties assigned to you, your temporary/contract basis appointment is liable to be summarily terminated along with forfeiture of security deposit.
(6) In case, the Corporation finds any serious error or suppression in the details furnished by you as to your age, qualification, antecedents, father's name, address, etc., you are liable to be terminated summarily along with forfeiture of Security Deposit.
(7) Rules and Regulations governing the service of shop/Bar/Supervisor/Salesman/Bar tenders must be carefully read by you and you must undertake to abide by the same.
(8) In token of your having accepted the terms of employment set out hereinabove, you are required to sign the duplicate copy of this appointment order and hand over the same to the undersigned within two days. This order will stand cancelled, if there is failure to comply with any of the above conditions."
5. It is also common ground that the Bar Supervisors have nothing to do with the sale of liquor bottles which is the exclusive domain of the shop staff of TASMAC. The petitioners who were appointed based on the said terms of appointment have also deposited with respondents the security deposit amount of Rs.50,000 and they are paid a sala