FOOD CRAFT INSTITUTE Vs. RAMESHWAR SHARMA

JUDGEMENT

(1.) THE Petitioner management is aggrieved by an Award dated 29th January, 1998 passed by the Labour Court in ID No. 3 of 1992 holding the termination of the services of the workman by the management to be illegal and directing his reinstatement in service with continuity and back wages from 4th June 1990 onwards.

(2.) THE Respondent workman was appointed as a lower division clerk (`LDC') in the management Institute by an appointment letter dated 28th January 1983. THE letter of appointment stated that the post was a temporary one. THE pay of the workman was to be Rs.260 per month in the scale of pay of Rs. 260?400. It was stated that his case of confirmation to the post shall be considered "as per rules after the post has been converted into permanent." THE appointment was to be on probation for a period of two years. It was stated that the probation period could be extended at the discretion of the appointing authority. Clause (vi) of the letter of appointment stated that during the period of probation the appointment can be terminated at any time by one month's notice given by either side without assigning any reasons. After the appointment was confirmed it could be terminated by a notice of three months. THE Petitioner reserved the right of terminating the services forthwith or before the expiry of the stipulated period of notice by making payment of a sum equivalent to the pay and allowances for the period of notice or the unexpired portion thereof.

(3.) BEFORE the Labour Court the management in its written statement did not dispute the relationship of employer and employee between the parties. However, it was pleaded that the workman had accepted the order dated 19th May 1988 passed by this Court dismissing his writ petition and his seeking reference of the dispute to the Labour Court was belated. In his rejoinder the workman pointed out that the dispute had not been decided on merits either in the suit or in the writ petition. Consequently, the reference to the Labour Court was maintainable.