B. KRISHNA MURTY Vs. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL

JUDGEMENT

(1.) In this writ petition the petitioner B. Krishna Murty has challenged the award dated 13.12.2002 passed by the Presiding Officer, Industrial Tribunal, Rourkela in Industrial Dispute Case No.6 of 1998 in holding that the petitioner is not entitled to claim any relief whatsoever.

(2.) The Government of Orissa in their Labour and Employment Department vide memo no.12357(5) dated 05.11.1998 made the following reference under sub-section (5) of section 12 read with clause (d) of sub-section (1) of section 10 of the Industrial Disputes Act, 1947 (hereafter 'I.D. Act') for adjudication:-

(3.) It is the case of opposite party no.2 Management that the petitioner was kept under probation for a period of six months and his work was found not to be satisfactory for which his probation period was extended for another three months as per the Certified Standing Orders of the company and the terms of his contract of service with the company. However, the petitioner was not found suitable for his job and therefore, before completion of his extended period of three months of probation, he was discharged from his service. Since the petitioner was not a regular workman, he was not entitled to one month's notice or in lieu thereof one month's wage and compensation for his termination from service under the company.