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Judgment
Arindam Sinha, J
W.P.(C) No.37043 of 2021 & I.A. No.17187 of 2021
Mr. Nayak, learned advocate appears on behalf of petitioner and submits his client has challenged termination notice dated 23rd September, 2021. His client provides security service. He submits further, the termination is arbitrary and in abuse of power.
He draws attention to letter dated 23rd September, 2021 of his client's employer. Text of the letter is reproduced below:-
"With reference to the subject cited above, I am to inform that, as per observation of Finance Department communicated vide Letter No.6062 dt.15.09.2021 of Handlooms, Textiles & Handicrafts Department, the Field Assistants & Technical Inspectors(Young Professionals) engaged by your agencies on outsourcing basis are eligible to get remuneration of Rs.9,500/- per month instead of Rs.13,000/-. Accordingly, the monthly remuneration of these Personnel's revised to Rs.9,500/- w.e.f. 15.09.2021.
Your are, therefore, requested to submit the remuneration bills of concerned outsourcing Personnel's @ Rs.9,500/- per month w.e.f. 15.09.2021."
He submits, immediately, also by letter dated 23rd September, 2021 his client protested against the rates fixed. As a consequence impugned termination thereafter, also on the same date.
Mr. Panda, learned advocate, Additional Government Advocate appears on behalf of State and submits, opportunity of hearing will be given to petitioner regarding the termination.
Impugned notice will remain stayed till disposal of the writ petition. This is simply because it is apparent that there was fixation of rate of remuneration, protest made by petitioner and immediate termination thereafter, relying on rejection of reply dated 5th April, 2021 of petitioner to show-cause dated 22nd March, 2021. Dates of the show-cause and reply are in close proximity. However, then the employer appears to have forgotten about them and fixed rates of remuneration. Protest on rate fixed, appears prima facie, to be cause for the termination.
Counter is to be filed by concerned opposite party. Copy of counter must be served on petitioner by three weeks as prayed for by Mr. Panda. Petitioner will be entitled to use rejoinder upon advance copy served. Affidavits will be accepted on adjourned date.
The I.A. is disposed of.
List on 10th January, 2022.
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