MUKESH ARORA Vs. DEPUTY COMMISSIONER OF POLICE

JUDGEMENT

(1.) These two appeals are being taken up together and being disposed of by this common judgment and order as the issues raised therein are identical and similar.

(2.) Mrs.Suman Sharma, the respondent in LPA No.830/2004, was appointed as a Front Office Assistant which was a Grade-V post in the India Tourism Development Corporation (ITDC for short), a company registered under the Companies Act, 1956 but controlled and managed for all practical purposes by the Union of India. Initial appointment of the respondent was a temporary appointment but the same was subsequently regularised and made permanent by issuing a letter dated 26th November, 1980. It was also indicated in the said letter issued to the respondent that she would be on probation for a period of six months and that ITDC would reserve the right to extend her probation period at its absolute discretion. Further, during the probationary period her services were liable to be terminated at any time without any notice and without assigning any reason. It was also stated that the after confirmation, her appointment might be terminated at any time by a month's notice or by payment of salary in lieu of notice. Clause 7 of the said letter stipulated that the services of the respondent would be governed by the conditions of service applicable to other staff members of the unit and would be governed by the rules and regulations of the unit of the Corporation wherever she was posted for that purpose. Clause 9 of the said letter stipulated that services of the respondent were liable to be transferred and posted to any unit/part of the Unit of the Corporation within India or abroad.

(3.) Therefore, respondent was an employee of the ITDC and was posted at Forest Lodge Sasangir. Subsequently, the respondent was given promotion on 24th September, 1985 and was placed in the next higher grade. It is nobody's case that the services of the respondent were not confirmed and therefore we are not required to examine the said issue nor was it urged before us.