CLAUD FERNANDEZ Vs. GIOVANOLA BINNY CO LTD

JUDGEMENT

(1.) This is an appeal from the judgment of a learned single Judge allowing a writ petition filed by the management in "question for quashing an award passed by the Industrial Tribunal, Calicut, on the basis of an application filed by the appellant worker under S.33A of the Industrial Disputes Act, 1947, hereinafter referred to as the Act.

(2.) The appellant was appointed as a fitter by the management for a period of one month with effect from 18th November, 1963. Thereafter by an order dated 8-1-1964, marked as Ext. M2 before the Tribunal, the appellant was appointed as production worker. The terms of the appointment were that the appellant would be on probation for a period of one year with effect from 1-1-1964, that during, the period of probation his services are liable to be terminated without any reason being assigned, that if after the period of probation it is found that his work and conduct are satisfactory he would be. confirmed in his appointment, and that he will be bound by the rules of the Company's Standing Orders in force from time to time. The management terminated the services of the appellant by Ext. W2 order on 19 1 1965. That order reads:

(3.) The Industrial Tribunal came to the conclusion that the termination of the appellant's services was not bona fide, but was a colourable exercise of the power reserved to the management under the appointment order, and that the real motive of the management for terminating the services was the activities of the appellant in connection with the organisation of the strike. The Tribunal, therefore, held that the management has contravened the provisions of S.33 of the Act, and ordered the reinstatement of the appellant with arrears of wages. It was to quash this award that the management filed the writ petition.