VIGILANCE MANUAL VOLUME III - AP Online

DECISION - 239
(239)
521
(A) Constitution of India — Arts. 14, 16, 311
(B) Public Sector Undertakings — protection of
employees
Employees of Government-owned Corporation are
not members of Civil Service and are entitled to
protection of Arts. 14 and 16 and not Art. 311 of
Constitution.
(C) Termination — of regular employee
Termination simpliciter of services of regular
employee by giving one month’s notice considered
by way of punishment and is illegal.
K.C. Joshi vs. Union of India,
1985(2) SLR SC 204
The appellant was appointed as Assistant Store Keeper in
the Oil and Natural Gas Commission at Dehradun in April 1962. He
was later selected in open competition and appointed as Store Keeper
on 7-12-63. He was to remain on probation for 6 months and his
services can be termination by one month’s notice. On 13-1-65, the
O.N.G.C. declared successful completion of probation and continued
his appointment on regular basis and until further orders. On 29-12-
67, his services were terminated with immediate effect by payment
of one month’s salary in lieu of notice. The High Court of Allahabad
upheld the O.N.G.C.’s order terminating his services on an appeal
filed by the appellant.
The Supreme Court observed that although several
communications of O.N.G.C. were on record eulogising the work,
conduct and attitude of the appellant, he came in the bad books of
the O.N.G.C. Management owing to his leading participation in trade
union activities. Certain secret exchanges of notes within the
management surfaced showing that the appellant was considered
by the Management as the trouble-maker in the context of the then