GAJRA GEARS P LIMITED Vs. LAKHABNLAL VERMA

JUDGEMENT

(1.) THE petitioner before this Court has filed the present petition being aggrieved by order dated 29.9.98 passed by the Presiding Officer, Labour Court and order dated 9.1.2004 passed by the Industrial Court in an appeal preferred by the present petitioner.

(2.) IN the present case, it has been stated that the respondent was appointed as trainee on 1.9.91 and after completion of apprenticeship he was appointed on probation for a period of 6 months. However he was discontinued after 27.2.93 and being aggrieved by his discontinuance, an application under section 31(3) r/w sections 61 and 62 of MPIR Act was filed before the Labour Court. An order was passed on 29.9.98 allowing the application preferred by the workman and reinstatement with back wages has been ordered. An appeal was preferred before the Industrial Court and the appeal has been dismissed. The grievance of the petitioner is that the services of the workman were discontinued on account of unsatisfactory performance and such discontinuance does not casts a stigma, therefore, the findings arrived at by the Labour Court and the Industrial Court are bad in law and the order passed by the courts below deserves to be set aside. It has also been stated that the respondent was a probationer and after completion of his probationary period his suitability was judged. He was found not suitable and, therefore, the case of the respondent was covered under section 2 (oo) (bb) of the Industrial Dispute Act, 1947 and therefore the order passed by the Labour Court and the order passed by the Industrial Court deserves to be set aside.

(3.) HEARD the learned counsel for the parties at length and perused the records.