TRINATH DASH Vs. IDCOL CEMENT LTD.

JUDGEMENT

(1.) The petitioner in this writ application questions the legality of the order in Annexure-3 passed by opposite party No. 1 terminating his service by order dated 1.7.2002 with immediate effect.

(2.) The petitioner, who has done Masters in Labour and Social Welfare, had worked in different places in different capacities and in pursuance of an advertisement issued by opposite parties 1 and 2 for filling up of the post of Deputy General Manager (HRD), he submitted his application and was selected by the selection committee for such appointment. By order dated 17.4.1999 (Annexure-1), he was appointed as Deputy General Manager (HRD). He joined the post in the year 1999 and continued as such till the order in Annexure-3 terminating his service was passed on 1.7.2002 in terms of Clause-8 of the appointment letter issued to him on 17.4.1999. It is the case of the petitioner that under Clause-5 of the appointment letter, the petitioner was required to work on probation for a period of one year from the date of joining which could be extended further, if so considered by the management and that he would continue to remain in probation till the probation is lifted in writing. Clause-8 of the appointment letter prescribes that the contract employment is terminable at any time without notice and without assigning any reason during the probationary period and after satisfactory completion of the probationary period at the option of either party on three months notice or on payment of compensation equivalent to three months salary in lieu thereof. Though taking recourse to the said Clause-8, the order of termination has been passed, the petitioner has challenged the same on the ground that he having continued for almost three years on probation, he is to be deemed to be permanent employee and any order of termination without notice would not only violate Claused of the appointment letter but also Article-14 of the Constitution of India.

(3.) As is evident from the averments made in the writ application, counter affidavit, rejoinder affidavit and the submission of the learned Counsel appearing for the parties, the only question that is required to be adjudicated is as to whether the petitioner having continued for more than two years on probation, can be deemed to be confirmed in service and that as to whether the petitioner was entitled to any notice before the order of termination was passed. The order of appointment is Annexure-1 to the writ application and Clause 5, 8 and 14 of terms of appointment are quoted below: