Prasanna Kumar, the respondent was appointed as a Personnel Officer of the appellant company. His services were confirmed after satisfactory completion of probation. It was provided in the terms of employment that the se

Prasanna Kumar, the respondent was appointed as a Personnel Officer of the appellant company. His services were confirmed after satisfactory completion of probation. It was provided in the terms of employment that the services of the respondent could be terminated with a month's notice or salary in lieu thereof. On 10th October 2020 the employment of the respondent was terminated by giving a month's salary in lieu of notice. The respondent challenged the legality and validity of the order of termination by filing a writ petition before the High Court. The respondent contended that he was assured at the time of appointment by the General Manager that he would be promoted as Assistant Manager (Personnel) after confirmation and his pay would be fixed accordingly. But after confirmation, his salary was not increased as per the assurances given. Since he insisted for implementing the assurances, his employment was unjustly terminated on 10th October, 2020. The respondent also held a contention that by virtue of his appointment as Personnel Officer he had to look after the welfare of the labours employed in the factory. Accordingly, his appointment must be considered to be statutory appointment under the Provisions of Factories Act, 1948. In view of this, as per the Act and rules made there under termination cannot be made without the concurrence of the Labour Commissioner. As such the said termination is illegal and void. Answer the following questions based on the above facts: Whether the appointment of Prasanna Kumar could be considered as Labour Welfare Officer and termination thereafter as invalid ?