V B ARAVINDAN Vs. INDUSTRIAL TRIBUNAL PALAKKAD

JUDGEMENT

(1.) THE petitioner in the above writ petition challenged his alleged "termination" by the second respondent management before the first respondent Tribunal. THE Tribunal having recorded the evidence and considered the matter on merits; an award was passed holding the termination of the petitioner by the management to be legal and justifiable. THE petitioner is before this Court challenging the award, Ext.P12 passed by the Industrial Tribunal.

(2.) THE petitioner was appointed by Ext.P1 as a Technician in the Level 3 with effect from 12-02-2003. Clause 2 of the appointment letter deals with the probationary period being twelve months from the date of joining duty and stipulates that on completion of the said period, the probationer shall be confirmed, if the performance and conduct during the said period are found to be satisfactory. THE petitioner continued as a probationer and was not issued a letter of confirmation after expiry of the twelve month period. However, by letter dated 25-02-2004, the management extended the probation till 31-03-2004, specifically on the ground that the performance appraisal conducted with regard to the petitioner's service during the earlier period was not satisfactory. Petitioner however, was given a further opportunity and hence the probation was extended upto 31-03-2004. Petitioner having not risen up to the occasion and not having performed satisfactorily even thereafter the management refused to confirm the petitioner and the said decision was communicated by Ext.P6 dated 31-03-2004. This in effect is challenged as termination.

(3.) IN this circumstances, this Court is of the opinion that the award, Ext.P12 passed by the first respondent Tribunal cannot be interfered with and the writ petition is dismissed with no costs.