DULI CHAND Vs. P O LABOUR COURT VIII

JUDGEMENT

(1.) The petitioner workman seeks a writ quashing the award dated 18th May, 1998 of the Labour Court answering the following reference "Whether the services of Shri Duli Chand have been terminated illegally and/or unjustifiably by the management and if so, to what relief is he entitled and what directions are necessary in this respect?" against the petitioner workman inter alia for the reason of the petitioner workman being within the probationary period.

(2.) Though it was the case of the petitioner workman that he had been in employment of the respondent DTC on daily wages as a sweeper cleaner since 1st May, 1981 but the Labour Court found that such daily employment of the petitioner workman had been stopped in 1985 and which termination had not been challenged by the petitioner workman; that the petitioner workman was reemployed on 3rd April, 1986 and it is the termination of the said employment which was challenged and with respect whereto the reference had been made. The petitioner in the present writ petition has also not claimed any rights on the basis of his employment on daily wages w.e.f. 1981.

(3.) It is not in dispute that (i) in terms of the appointment letter dated 3rd April, 1986 the appointment of the petitioner workman was temporary and on probation for a period of one year extendable to two years; (ii) the said probation was extended; (iii) that before the expiry of the probation period the services of the petitioner workman were terminated.