DECCAN CHARTERS PRIVATE LIMITED . Vs. SARITA TIWARI

JUDGEMENT

(1.) The petitioner has challenged the ex-parte award of the Labour Court whereby the Labour Court awarded reinstatement with full back wages to the respondent.

(2.) The petitioner appointed the respondent as "Trainee AME" on 01st August, 2006 at a monthly salary of Rs.15,000/-. The terms of the appointment of the respondent are contained in the appointment letter dated 01st August, 2006. Clause D of the appointment letter provides that the respondent shall be on probation for three months from the date of joining and she shall be deemed to continue on probation until confirmed in writing and such period, after initial period of probation, shall be deemed to be an extension of probation. Clause E of the appointment letter provides that the respondent's services can be terminated during the probation or extended probation by giving seven days notice in writing and payment in lieu thereof. Clauses D and E of the appointment letter are reproduced hereunder:

(3.) The job profile of the respondent was training oriented. The job profile of the respondent is given in para 3(a) of the writ petition which has not been disputed by the respondent in corresponding para 3(a) of reply on merits in the counter affidavit. The relevant portion of para 3(a) of the writ petition is reproduced hereunder: