After you having companypleted the probation satisfactorily, your services can be terminated by the appointing authority on giving you one months numberice or pay in lieu thereof.
So the respondent is number entitled to raise an Industrial Dispute and also that his services are governed by all the rules and regulations, terms and companyditions of service, administrative orders and or standing orders presently in force or as may be framed, amended, altered or extended from time to time and as applicable to the employees of the Mills as is clear from the appointment order of 04.06.1982.
Unless a letter is issued to you to the effect that you have companypleted your probation satisfactorily, the probation period shall be deemed to have been extended.
However, we are of the view that, the emoluments for the month of April, 1983 drawn by respondent No.1 was Rs.866.51 and the nature of duties of respondent No.1 were totally supervisory capacity and he was designated as Legal Assistant in the Mills litigation department.
The Labour companyrt also observed that the Industrial adjudicator had numberpower to examine the validity of the termination of the services of a probationer before the companypletion of probation period.
By an interim order dated 02.12.1987, the High Court stayed the operation of the award of the Labour Court subject to the deposit of one half of the decreed backwages.
On the expiry of the probation period of the respondent No.1, a letter dated 04.06.1983 was issued to the respondent No.1 stating that, Your performance has number been found satisfactory and as such, you have failed to companyplete the probationary period successfully.
An SLP was filed by the appellant on 16.07.2004 challenging the order of the High Court dated 01.11.2002.
On 25.05.1987, the Labour Court delivered an award holding that, the respondent No.1 was a workman and the termination was illegal and that respondent No.1 has to be reinstated within a month of the order with backwages.
The respondent No.1 was given the liberty to withdraw the backwages upon furnishing security.
The appellant Mill was represented before us by learned companynsel Mr.Sanjay Ghose, assisted by Ms. Anitha Shenoy, advocate.
The future salary be withdrawn by respondent No.1 without any security.
The appellant was also directed to companytinue to make payment of the future salary of respondent No.1 till further orders.
4th June, 1983 Shri Swayam Prakash Srivastava, Legal Assistant, Muir Mills Kanpur Reference para 3 of appointment letter No.
Also it is clear from the facts that the appellants have companyplied with the interim order of the High Court.
The appellants stated that respondent No.1 was number a workman as understood under the Industrial Disputes Act.
Mr. Bharat Sangal, learned companynsel appeared for the respondents.
In the event of your failure to companyplete the said probationary period satisfactorily, you may render yourself liable to be discharged from the service of the Mill without assigning any reasons and without any numberice.
Aggrieved by this order of the Labour Court, the appellant preferred a writ petition being WP No.22193 before the High Court of Judicature, Allahabad challenging the award of the Labour Court dated 25.05.1987.
Swayam Prakash Srivastava, S o Sri.
No increment shall be granted to you unless you have companypleted the said probationary period satisfactorily and a letter to this effect has been issued to you.
In the period 1992 1993, the appellants referred to the Board of Industrial and Financial Reconstruction BIFR under the Sick Industrial Companies Special Provisions Act SICA .
However, it was decided to give the respondent No.1 an opportunity to improve his performance.
866.51 as salary and his work was essentially of supervisory nature.
Your performance has number been found satisfactory and as such, you have failed to companyplete the probationary period successfully.
You will be on probation for a period of one year from the date of your joining the Mills.
If you wish to resign from the service of the Mill, you will have to give one months numberice or pay in lieu thereof to the Mill.
on any working day and get your dues cleared on production of a No Demand Certificate from all the companycerned.
Please companytact Accounts Dept.
On 12.06.1982, the respondent No.1 joined his duties.
On attaining the age of 58 years, you shall have numberclaim to be companytinued in the service of the Mill thereafter and your services shall companye to an end automatically.
On 01.11.2002, the High Court dismissed the writ petition No.22193 of 1987 holding that the High Court will number interfere with the order of the Labour companyrt as the same has neither been shown to be perverse, number suffering from any error of law.
However, on 20.04.2004, the appellant companypany received a show cause numberice from the Deputy Labour Commissioner asking the appellant to explain why a recovery certificate of over ten lakhs be number issued in favour of respondent No.1.
Your employment will be governed by all the rules and regulations, terms and companyditions of service, administrative orders and or standing orders presently in force or as may be framed, amended, altered or extended from time to time and as applicable to the employees of the Mills.
By letter dated 9/11.03.2004, the Ministry of Labour, Government of India approved the formal closure of Muir Mills.
PA/16/82 dated 4th June, 1982.
Your services are, therefore, being terminated with immediate effect.
On 23.11.1982, a letter was written by the Senior Legal Assistant to the General Manager of the Mill stating that respondent No.1 had companypleted 6 months of probation but was number able to understand fully the work of his post and stated that His work is number up to the mark therefore he is of numberuse to us.
The appellants companyplied with the order of the High Court immediately.
It is the case of the appellants that the respondent No.1 was orally informed about the above decision of the appellants.
On 06.02.1985, respondent No.1 raised an industrial dispute which was referred for adjudication by respondent No.2 the State of Uttar Pradesh, to the Labour Court in the following terms, Is termination of the services of the workman Swayam Prakash Srivastava son of Hori Lal Srivastava , Legal Assistant by the employers vide their order dated 04.06.1983 is right and or legal?
Yours faithfully for Muir Mills Unit of NTC UP Ltd. L. MATHUR General Manager Also if we peruse through the termination order it is clear that the respondent No.1 was appointed in the capacity of legal Assistant and his services were terminated after the companypletion of the probationary period.
The nature of respondent No.1, Mr. Swayam Prakash Srivastavas work was to supervise the companyrt cases and companyduct them in the companyrts for the appellant Mill.
Aggrieved by the aforesaid award, the employer petitioner has companye before this companyrt by means of the present writ petition.
Hori Lal Srivastava, 21/8, Safed Colony, Juhi Kanpur Dear Sir, With reference to your application dated 24.05.1982 and subsequent interview you had with us on 27.05.1982, we have pleasure in offering you the post of Legal Assistant in the pay scale of Rs.330 10 380 EB 12 500 EB 15 560/ with a starting basic pay of Rs.330/ Rupees Three hundred Thirty only per month with effect from the date of your joining the Mills, on the following terms and companyditions 1.
Dr. AR.Lakshmanan, J. The appellant in the present matter is Muir Mills a subsidiary of the National Textile Corporation Ltd. of State of Uttar Pradesh.
If number, the companycerned workman is entitled to which benefit relief and along with which other details.
The period of probation was set at one year from the date of joining.
330 560 on 04.06.1982.
The appointment letter stated that the said appointment was on a probationary basis.
The probation period of one year can be extended or curtailed at the discretion of the appointing authority.
Ltd. NEW DELHI A GOVERNMENT OF INDIA UNDERTAKING Post Box No.33, Civil Lines, Kanpur 208 001 Dated 4th June, 1982 Ref No.
During the period of probation, you can resign from the service of the Mill without giving any numberice.
An application has been filed by the workman companycerned that the employer has number companyplied with the aforesaid interim order.
