ANDHRA BANK LIMITED HYDERABAD Vs. LABOUR COURT HYDERABAD

JUDGEMENT

(1.) The Petitioner-Bank appointed the respondent as a Clerk. He was pucon probation for a period of six months commencing on 6-4-1970. Later, his probation was extended by a period of three months from 6-10-70. On 2-1-1971 his services were terminated with immediate effect. The following memo was served on him :

(2.) Though the memo was served on 2-1-1971 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 on that day. The amount was deposited to the credit of the respondent in his savings Bank account on 5-1-1971. The respondent appealed against the termination of service to the authority specified under S. 41 of the Andhra Pradesh Shops and Establishments Act. The Appellate Authority held that there was a contravention of the provisions of S. 40 of the Act. The petitioner was directed to reinstate the respondent with back salary and attendant benefits. The petitioner appealed to the Labour Court with no success and has now invoked the jurisdiction of this Court under Art. 226 of the Constitution.

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