JILA SAHAKARI KENDRIYA BANK Vs. LABOUR COURT

JUDGEMENT

(1.) BY this petition under Article 227 of the Constitution of India, the petitioner seeks to challenge an order dated June 29, 1990 passed by respondent No. 1, thereby holding that respondent No. 2 was illegally removed from service and directing the petitioner-bank to pay him costs of Rs. 250.

(2.) RESPONDENT No. 2 was appointed on probation for a period of six months as peon in the scale of pay of Rs. 75-2 1/2-90 EB-3-120 with clearness allowance and other allowance admissible in the bank, vide appointment order dated December 29, 1983, filed as Annexure P-1 to the petition. The period of probation was to commence from January 1, 1984. Even before this period of probation could expire, the petitioner-bank by order (Annexure P-2), dated April 20, 1984 (just within four months of the appointment), terminated his services on and from April 30, 1984, as not required.

(3.) BY another order dated June 21, 1984 (Annexure P-3) issued just the next day of the date of issuing the termination order, respondent No. 2 was appointed on the same post on daily wages. Respondent No. 2, therefore, moved the Labour Court, under Section 33-C (2) of the Industrial Disputes Act. His application is on record as Annexure P-4. The reply filed by the petitioner-bank is Annexure P-5 and Annexure P6 is the impugned order.