2. This writ petition is pending since 1981. The order sheet shows that it was directed to be listed for final hearing by order dated 13.5.1983, but for one reason or other, the matter was adjourned and could not be heard. In between a number of counsels handled the case and kept on seeking adjournments. The writ petition was dismissed for want of prosecution on 12.9.1996. The order was, however, recalled. It was again dismissed on 12.1.2006 and that again an application was made to recall the order on the ground that it was to be heard by a Division Bench and should not have been listed before the Single Judge. We have allowed recall application and heard the matter.
3. M/s U.P. Electronics Corporation (UPEC) is a wholly owned and controlled government company incorporated under the Companies Act, 1956 with the object of developing electronics industry in the State of Uttar Pradesh. The Corporation was engaged in identifying new projects, purchase of machinery, arranging collaborations, employing personnel for development of the projects, and finally transferring them to the subsidiaries or other companies. A condition is included in the letter of appointment of all its employees, that their services are liable to be transferred to any place in India or another company or corporation associated with the company on the same terms and conditions of the service, at the discretion of the management.
4. The company promoted a project for manufacture of aluminium electrolytic capacitors, and on its completion the project was transferred to Uptron Capacitors Ltd., incorporated, as a newly incorporated, and wholly owned subsidiary of UPEC.
5. The petitioner was appointed on 19.7.1978 as a Engineer in U.P.E.C. He joined on 14.8.1978. The U.P. Uptron Capacitors Ltd. was incorporated on 13.3.1989. The petitioner's services were transferred on 19.9.1979, and 2 placed at the disposal of Uptron Capacitors Ltd. as Engineer w.e.f. 14.8.78 and were confirmed on 27.9.1989. The petitioner requested for leave for two months from 3.2.1980 on the ground of illness and hospitalisation of his wife. The Managing Director, Uptron Capacitors Ltd. asked the petitioner to rejoin on 18.2.1980 and to disassociate himself from the parent company. On his failure to rejoin his leave was cancelled. It is alleged that the petitioner was transferred to parent organisation UPEC on 27.5.1980. He worked there upto 14.10.1980, and was thereafter called back to Uptron Capacitor Ltd. on 27.10.1980. The petitioner refused to join, on which he was suspended by the Uptron Capacitors Ltd on 29.10.1980. An enquiry was conducted in which it is alleged that the petitioner was prevented from crossexamining witnesses inspite of applications made to the enquiry officer. The petitioner was allowed by the enquiry officer to ask only one question to the witness on which he gave a letter of protest which was not received. His request for change of enquiry officer was not accepted and that thereafter inspite of petitioner's request not to proceed with the enquiry the enquiry officer went on fixing dates. The petitioner was called to appear in the board room on 19.12.1980, for producing his evidence and for cross examination of witnesses. The Chairman also wrote to the petitioner advising him to appear in the enquiry. The petitioner informed them that the letter dated 17.12.1980 to appear on 19.12.1980 was actually received by him on 19.12.1980 at 05.00 PM. The petitioner was dismissed by Uptron Capacitors Ltd. on 5.1.1981.
6. Learned counsel for petitioner submits that the petitioner's lien continued with the U.P. Electronics Corporation Ltd and that Uptron Capacitors Ltd had no authority to conduct enquiry to dismiss him. Even otherwise, the enquiry was not held properly and that the petitioner was not allowed to cross examine witnesses and to lead his evidence. The notice to attend the enquiry on 19.12.1980 was received by him at 05.00 pm. He was thus not in a position to produce evidence in his defence.
In the counter affidavit of Shri V.K. Bhargava, General Manager, Uptron Capacitors Ltd., it is stated that the Uptron Capacitors Ltd is a wholly owned subsidiary of U.P. Electronics Corporation (UPEC) and was incorporated under the Companies Act on 13.3.1979. Several officers were appointed by UPEC for the purposes of setting up and preparation of the manufacturing of the capacitors by Uptron Capacitors Ltd. The appointment letter of all the employees including the petitioner contained a condition: "you will, at the moment, be posted at Lucknow. However, your services are 3 liable to be transferred to any place in India or another company or corporation associated with the UPLC on the same terms and conditions of service at the discretion of the management." The petitioner was actually working on the Uptron Capacitor Project and was asked to report to Shri V.K. Bhargava, Joint Manager (Project). The Project Manager under the authority given to him by the Board of Uptron Capacitors Ltd. confirmed the petitioner making him a permanent employee on the post of Engineer w.e.f. 14.8.1979. He was thereafter deputed to work at the headquarters of UPEL in connection with the work of Uptron Capacitors Ltd and was later on called back to Uptron Capacitors Ltd, Factory site at Talab Tikait Rai, Aishbagh, Lucknow vide Chief Executive's order dated October 17, 1980. He reported to work in the afternoon on October 28, 1980 on which he was served with the charge sheet on 29.10.1980. He was paid his salary from the funds of Uptron Capacitors Ltd. All the expenses of his service was borne by the Uptron Capacitors Ltd.
8. It is further stated in the counter affidavit that the petitioner was in the habit of taking leave in the crucial period of development of the company in 19791980. He was asked to resign only to impress upon him that his presence will be necessary in the factory. Instead of using para 3 of his terms of appointment to terminate him with only one month's notice, the company decided to hold a departmental enquiry in which he was given full opportunity to defend himself. A charge sheet was given to him on 29.10.1980 after suspending him. Thereafter he started taking defence that he was employee of UPEL. He was given the copies of the documents and was required to submit the written defence within 15 days. The enquiry was held on various dates in which the petitioner was given opportunity to defend himself and to cross examine the witnesses. His signatures were made on every page of the enquiry proceedings and the statement of witnesses. All his applications were duly disposed of by the enquiry officer. On 15.12.1980 he appeared before the enquiry officer but refused to sign the proceedings. The letters were sent to his address by the special messenger. In paragraph 29 it is stated that the petitioner has knowledge about the enquiry on 19.12.1980. On 15.12.1980 he was present when his application was rejected and the date was fixed for 19.12.1980. On 5.1.1981, the Chairman, Uptron Capacitors Ltd. found from the material on record, statement of witnesses and report of enquiry officer that the charges were established and dismissed him from service.
9. We have examined the records and considered the submissions of 4 learned counsel of petitioner. In the matters of employment in the Government companies, the principles of transfer/deputation, and holding of lien are not attracted. All the appointments are contractual and are governed by the terms of contract or the companies regulations made for employees, if any. The petitioner was appointed in the project for Uptron Capacitors Ltd and was confirmed in the same company. His terms of employment did not allow him to continue as an employee of UPEL. The petitioner was sent to UPEL for a short period for the work of Uptron Capacitors Ltd. He was thereafter called back. He failed to report and to discharge duties between September 1979 to October 1980, and thus disobeyed the orders. He was also charged with smoking in the production hall inspite of warning and conducted himself in an irresponsible manner. He refused to accept letters from the Chief Executive Officer on 5.5.1980 through Shri P.N. Saxena, Assistant Manager (Personnel) and indulged in loose talk. A departmental enquiry was held against him in which he was given adequate opportunity to defend himself. There is nothing on record to show that the enquiry was conducted in hurry or that the petitioner was not present in the proceedings. His applications were considered and were disposed off with detailed orders. He was allowed to cross examine the witnesses and lead his evidence. The company found the charges to be established against him, and that thereafter by the order of the Chairman of the Company dated 5.1.1981 he was dismissed from service with immediate effect, after agreeing with the finding of the enquiry officer.
10. We do not find any good ground to interfere in the matter. The petitioner was the employee of Uptron Capacitors Ltd. a government company and has been dismissed from service by the competent authority after holding departmental enquiry in accordance with the law. The charges proved against the petitioner were serious in nature warranting dismissal from service. The punishment is not disproportionate to the allegations proved against him.
11. The writ petition is dismissed.
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