ANDHRA BANK LTD Vs. LABOUR COURT HYDERABAD

JUDGEMENT

(1.) The petitioner-bank appointed the respondent as a clerk. He was put on probation for a period of six months commencing on 6th April, 1970. Later, his probation was extended by a period of three months from 6th October, 1970 on 2nd January, 1971 his services were terminated with immediate effect. The following memo was served on him:

(2.) Though the memo was served on 2nd January, 1971 and the respondent's services were terminated with effect from that day, the 'one month's salary and allowances in lieu of notice' was not paid that day. The amount was deposited to the credit of the respondent in his Savings Bank account on 5th January, 1971. The respondent appealed against the termination of service to the authority specified under section 41 of the Andhra Pradesh Shops and Establishments Act. The Appellate Authority held that there was a contravention of the provisions of section 40 of the Act. The petitioner was directed to reinstate the respondent with back salary and attendent benefits. The petitioner appealed to the Labour Court with no success and has now invoked the jurisdiction of this Court under Article 226 of the Constitution.

(3.) Sri K. Srinivasamurthy, learned counsel for the petitioner, contended that section 40 had no app'ication to the case of termination of service of a probationer for unsatisfactory work. He also contended that, in any case, the provisions of section 40 had been complied with.