K SULOCHANA NAIR Vs. PRESIDING OFFICER

JUDGEMENT

(1.) By this writ petition, the petititioner has challenged the vaildity of award dated 4th November, 1996 passed by the Industrial Tribunal-I whereby the complaint of the petitioner under Section 33A of the Industrial Disputes Act( in short 'the Act') was held not maintainable by the Industrial Tribunal and rejected.

(2.) The petitioner alleged that she was working with the respondent management. The management was known for its anti labour and unfair labour practices. The petitioner was an active member of the union of employees of the respondent and so the management wanted to get rid of her. The management gave her a letter dated 12th October, 1992 by which the management terminated her services with effect from 13th October, 1992 on untenable grounds though she had worked as a stenographer with the management for 21 months continuously. The management terminated her services on the plea that she was a probationer and her services were not satisfactory but the real reason was that she had demanded the grade of a stenographer and asked for implementation of Bachawat Wage Award. Her last drawn salary was Rs.2400/-. She was entitled for reinstatement with continuity of service.

(3.) The management refuted the allegations made by the petitioner and took the stand that complaint under Section 33A of the Act was not maintainable since the petitioner was not dismissed form service by way of punishment. She was terminated from service on expiry of her probation period as she was not found fit for the job. All allegations of victimization etc were denied. It was stated that on expiry of probation period, she was paid notice pay, service compensation as per rules. The order of her appointment clearly provided that she was on probation for a period of six months and her services shall be confirmed only by a written letter, if found satisfactory. Her services were terminated after the expiry of probation period, since she could not clear the test. It was a termination simpliciter.