(1.) In this writ petition, the petitioner seeks to have the award of the Labour Court, Guntur in I.D.No.356 of 1990 dated 27.8.1996, quashed.
(2.) Facts, to the extent necessary for this writ petition, are that the petitioner, a company registered under the Companies Act, 1956, carries on the business of procurement, threshing and export of unmanufactured tobacco to various countries, for which purpose it had set up two factories at Chirala and Anaparthy. It is the petitioner's case that the services of the 2nd respondent, commenced from 23.12.1989, that he completed his six months probation by 22nd June 1990, that on an overall assessment of his performance and suitability it was found that he was not suitable to be confirmed, more so as he had unilaterally and unauthorisedly absented himself from work from 29.7.1990 and having come to know that his services would not be confirmed, he had further abstained from work from 4.8.1990 onwards. The 2nd respondent is said to have attended office only on 28.8.1990, on which date, the order dated 8.8.1990, relieving him from services, was personally served on him.
(3.) The 2nd respondent workman filed an application, under Section 2-A(2) of the Industrial Disputes Act, before the labour Court, the petitioner filed its counter- affidavit thereto and the 2nd respondent filed his rejoinder. While the 2nd respondent examined himself as W.W-1, the petitioner examined two witnesses on its behalf. On behalf of the 2nd respondent Exs.W-1 to W-8 were marked as exhibits and on behalf of the petitioner Exs.M-1 to M-17 were marked as exhibits.