K L SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The short question for determination in this writ petition is whether the Government of India has legally and properly exercised its discretion under Section 10, read with Section 12(5) of the Industrial Disputes Act in refusing to make a reference of the dispute regarding the termination of the services of the petitioner to Industrial Tribunal.

(2.) The petitioner was appointed on 13.12.65 as a Quality Inspector in the Food Corporation of India, which is an instrument of the government. His appointment letter provided that, "He will be on probation for a period of one year from the date of his appointment which may be extended by a further period not exceeding six months. On satisfactory completion of probation he will be considered for confirmation in that post." The Food Corporation of India has framed the regulation governing the conditions of service of its employees. Regulation 4.19 provides for the period of probation. The first three regulations are relevant for our immediate purpose. They are :

(3.) On 4.11.1968 the petitioner was discharged from service. This order read: