BUSCHING SCHMITZ PRIVATE LIMITED Vs. SHIV DUTT SHARMA

JUDGEMENT

(1.) This is a petition by the employer filed under Articles 226 and 227 of the Constitution, seeking the quashing of the award dated 15.9.1980 whereby the Labour Court held the termination of service of the workman, Shiv Dutt Sharma, as bad in law.

(2.) The petitioner-company is a private limited concern. Workman Shiv Dutt Sharma had been employed on 1.12.1974 on probation for six months. The probation period was to expire on 31.5.1975 but, before that, the petitioner-company extended the probation period, vide order dated 28.5.1975 for a further period of six months. During this extended period of probation, the services of the workman were terminated with effect from 31.7.1975.

(3.) The workman challenged the termination of his service before the Labour Court and his plea was accepted. The Labour Court directed the employer- company to reinstate the workman.