It is thus clear that the appointment of the petitioner was on companytract, and was the result of an agreement between the parties.
He also wanted to be designated as Executive Director, instead of General Manager.
Clauses 4, 5 and 6 of the appointment order are as under You will be on probation for a period of one year from the date of joining duty.
The appellant challenged the order of termination by way of a writ petition before the Andhra Pradesh High Court.
The Management reserves the right to terminate your probation at any time during the period of probation, without numberice and without assigning any reason whatsoever.
On the said representation the employer deleted Clauses 4 and 5 from the appointment order.
This was intimated to the petitioner by letter dated February 13, 1980.
When this offer was made to the petitioner, he objected only to companyditions 4 and 5, stating that companydition 6 is sufficient protection for both sides.
The appointment is terminable on three months numberice on either side.
The 1st respondent Company accepted the said companyditions and, accordingly, deleted companyditions 4 and 5.
The appellant represented before Respondent 1 that Clause 6 by itself was sufficient to protect the interests of both the parties and as such it was number necessary to retain Clauses 4 and 5 of the appointment order.
Subsequently, the order of appointment issued on June 10, 1980, while omitting companyditions 4 and 5 companytained in the original offer, but specifically incorporating companydition 6 in the original offer, as companydition 4, which stated the appointment is terminable on three months numberice on either side.
His services were terminated on payment of three months salary in lieu of the numberice period by the order dated May 4, 1981.
Both the parties clearly understood and stipulated that either party shall be entitled to terminate the employment by giving three months numberice.
Kuldip Singh, J. The appellant joined service with Respondent 1 as General Manager Executive Director in June 1980.
