Honble Prakash Krishna, J.—By means of the present petition the petitioner who has been working as Welfare Officer in the respondent company (M/s. l.T.C. Ltd.) has sought a writ of Mandamus commanding the respondent company not to terminate his services w.e.f. 8th of February, 2007 and has also sought the quashing of the order dated 9th of November, 2006 (Annexure-1 to the writ petition) with usual reliefs. A writ of Mandamus commanding the respondents No. 1 and 2 to prosecute the officers of the respondents company for acting in breach of the provisions contained in the Welfare Officers Rules has also been claimed.

2. The writ petition was heard at the admission stage itself finally. As agreed upon by the learned Counsel for the parties after exchange of counter and rejoinder affidavits, it is being decided finally.

3. The facts of the case in brief are as follows :

M/s. ITC Ltd. a company incorporated under Companies Act having Head Quarter at Kolkata, appointed the petitioner as Labour Welfare Officer in ITC Ltd., (hereinafter called as Company) at Saharanpur. The respondent company carries on business of manufacture and sale of FMCG products including cigarettes. The petit