TORRENT POWER LIMITED Vs. DILIPBHAI MANEKLAL VYAS

JUDGEMENT

(1.) The instant Letters Patent Appeal emanates from the judgement and order dtd. 10/9/2014 passed in the captioned writ petition, wherein the learned Single Judge has directed the appellant-company to pay the wages along with the retirement benefits, after setting aside the order dtd. 27/2/2003 passed by the appellant-company discontinuing the respondent-workman from the post of Sec. In-charge.

(2.) The respondent No.1- party-in-person, who was an Exservice man, was appointed to the post of Security Inspector, after undergoing the selection process initiated by the appellant-company vide public advertisement issued in the month of June,1990. He was appointed vide order dtd. 26/11/1990 on a fixed pay for a temporary period of six months. Thereafter, his period of six months was extended. By an order dtd. 27/12/1991, the respondent-workman was appointed on probation on the same post of Security Inspector for a period of six months. Since his services were found unsatisfactory, the appellant-company terminated him on 13/4/1992 by resorting to Clause-3 of the appointment order dtd. 27/12/1991.

(3.) Against the said order, the respondent-workman filed T. Application before the Labour Court being T. Application No.248 of 1992, wherein an ex-parte award was passed by the Labour Court on 26/11/1992 ordering reinstatement. It is pertinent to note that the Labour Court did not pass any order setting aside the termination.