SAURASHTRA UNIVERSITY Vs. SHAMBHUBHAI HIRJIBHAI PADALIA

JUDGEMENT

(1.) The petitioner-Saurashtra University has filed this petition under Articles 226 and 227 of the Constitution of India praying for quashing and setting aside the award passed by the Labour Court, Rajkot in Reference (LCR) No.2043 of 1988 on 20th July, 1996, whereby the Labour Court has directed the petitioner to reinstate the respondent with continuity of service and full back wages.

(2.) The case of the petitioner is that the respondent joined the petitioner-University as a Cook-cum-Attendant vide Office Order dated 25th June, 1985 for a period of one year on probation. During the course of period of probation, though the performance of the respondent as a Cook-cum- Attendant was not satisfactory and upto the mark, only with a view to afford him a chance to improve, his probation period was subsequently extended for a period of three months and as per the extension letter, the respondent's tenure as probationer was to come to an end on 30th September, 1986. It is also the case of the petitioner that even after the extension of his probation period of three months, the performance of his duties was not found satisfactory and upto the mark. Hence, as per the conditions of his appointment, as a fixed term appointment for a stipulated period, he came to be relieved from the service of the petitioner with effect from 30th September, 1986 as a Cook-cum-Attendant.

(3.) The respondent challenged the said order before the Labour Court, Rajkot in Reference (LCR) No.2043 of 1988 on several grounds. The Labour Court has, however, granted the said Reference in favour of the respondent and directed the petitioner to reinstate the respondent with continuity of service and full back wages. It is this order of the Labour Court, which is under challenge in the present petition.