GUJARAT THEMIS BIOSYN LTD Vs. RASIKBHAI BHANABHAI PATEL

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) The petitioner in this case has challenged award passed by the Presiding Officer of the Labour Court, Valsad dated 5.9.2000. The respondent workman was employed in the company first as a trainee apprentice for 6 months and thereafter, he was appointed on probation of 6 months vide order dated 18.12.1993 as Plant Operator (semi skilled Gr.I). During the period of probation, he was paid gross salary.

(3.) The grievance of the petitioner before this Court is that the Labour Court has set aside the order of termination of such employee who was appointed on probation for six months and while setting aside the order of termination, on unsatisfactory services of the workman, the Labour Court has addressed itself that the Standing Orders Act, 1947 applies to the management and according to the Model Standing Order, on completion of 3 months probation, applicant is entitled to get status of permanent employee. According to the learned counsel for the petitioner, this was wrong premises on which the Labour Court has gone. The learned counsel has relied on Standing Orders applicable to the petitioner, which were approved by the authority under the Act with effect from 7.4.1993, and as per the Standing Orders produced along with the petition, the status of probationer has been defined as under:-