RANJITH CHANDRAN Vs. SENIOR GENERAL MANAGER -HRD

JUDGEMENT

(1.) This appeal is preferred assailing the judgment dtd. 6/12/2022 in W.P.(C) No. 18575/2022 passed by a learned Single Judge of this Court whereby the award dtd. 3/2/2022 passed by the Industrial Tribunal in I.D. No. 4/2019 ordering the reinstatement of the 1st respondent in service with continuity of service and payment of backwages with effect from the date of termination of service was set aside. The 1st respondent, who is the workman, has come up in appeal.

(2.) Short facts that are required to be stated for deciding the appeal are as under. For the sake of ease and clarity, the parties shall be referred to as Workman and Management.

(3.) Smt.Sruthy Sasidharan, the learned counsel appearing for the appellant, submitted that the Tribunal had rightly considered the question as to whether the order of termination is mala fide or whether it amounts to victimization or unfair trade practice. It is submitted that based on the evidence let in, the Tribunal noted that the termination of the appellant was without issuing a show cause and seeking his explanation. According to the learned counsel, the offer of appointment given by the management and marked as Ext.W1 would not disclose that his appointment would be on probation. Furthermore, the signature of the workman was not secured by the management in the said letter of appointment.