APCO FABRICS Vs. RAVI AVASTHY

JUDGEMENT

(1.) This judgment will dispose of Civil Writ Nos. 3297/82and 1281/83. M/s. Apco Fabrics, petitioner in Civil Writ No. 3297/82 hademployed, at the show-room at Delhi, Shri Ravi Awasthy (respondent in CivilWrit No 3297/82 and petitioner in Civil Writ No. 1281/84). He was appointedon daily wages and had been working since October, 1976.

(2.) By letter dated 3/11/1977, the Regional Manager of ApcoFabrics recommended to the Headquarters at Hyderabad that Shri RaviAwasthy should be employed as Assistant Salesman on probation for a periodof one year in the time scale of Rs.120-3-150-,4-225with usual allowancesadmissible to the post. By the order dated 28/12/1977, the HeadOffice of Apco Fabric accorded permission to appoint Shri Ravi Awasthy asAssistant Salesman on probation but on a stipend of Rs. 250.00 per month. Itappears that he represented and by letter dated 16/11/1978, ShriAwasthy was informed that the question of confirming him as a probationerSalesman would arise only after he completed the probation period of one yearThe next relevant letter is of dated 20/09/1979, whereby Shri RaviAwasthy's services were terminated on the ground that his work was found unsatisfactory.

(3.) On the termination of Shri Ravi Awasthy's services, an industrialdispute arose and by the order dated 25/10/1980, the following reference was made to the labour court, Delhi :