FEDERATION OF INDIAN BANK EMPLOYEES UNION Vs. THE GOVT. OF INDIA BY ITS SECRETARY, MINISTRY OF LABOUR, NEW DELHI AND ANOTHER

JUDGEMENT

(1.) The writ petitioner was serving in the clerical cadre in the second respondent bank. He was promoted on 30-6-1979 with probation for a period of one year. His period of probation expired on 18-7-1980 as he joined duty only on 18-7-1979. Though there was no express order of extension, he continued as officer. On 22-11-1980, the bank passed an order extending the period of probation by six months with effect from 18- 7-1978. The order was served on the petitioner on 21-1-1981. It is the case of the second respondent bank that as the writ petitioner was evading service the order could not be served on him earlier. In our view, it is not necessary to consider that aspect of the matter as there is no counter- affidavit before us by the bank setting out the facts on which the bank wants to place reliance. Even the period of probation as per the extension order expired on 18-1-1981 and there was no further order of extension. On 26-3-1981 the petitioner was reverted to the clerical cadre on the ground of unsatisfactory performance of his duties in the post of the Officer. The petitioner raised a dispute, there was a failure of conciliation and the matter went before the Government for decision as to whether it should be referred under Sec. 10 of the Industrial Disputes Act for adjudication.

(2.) The Government passed the following order on 5-8-1982 holding that there was no case for referring to the Tribunal for adjudication :

(3.) Prior to the raising of the industrial dispute, the petitioner filed a Writ Petition in the Bombay High Court in W.P. No. 557 of 1981 challenging the order of reversion. That was disposed of on 18-6-1981 with the following order :