SURYA PRAKASH Vs. MANAGEMENT

JUDGEMENT

(1.) This writ petition challenges the award dated 17th April 2003 delivered by the Labour Court No. 1 by which the petitioner's services were held to be terminated during the period of probation and thus he was held to be governed under the exception to the definition of retrenchment under Section 2(oo)(bb) of the INDUSTRIAL DISPUTES ACT, 1947 (hereinafter referred to as the Act). The said section reads as follows:

(2.) The petitioner was working as a peon with the respondents w.e.f. 12th September 1989 and worked upto 18th June 1990 continuously and without any break. He had worked as daily wager and on 8th May 1990 he was issued an appointment letter. He was working satisfactorily as daily wager. The relevant clause in the said clause relied upon and extracted by the Labour Court reads as follows:

(3.) There was no charge sheet or show cause as the termination was termed as arbitrary and illegal in the statement of claim filed by the petitioner. On 14th January 2001 the reference for industrial adjudication was made on the following terms: