NARENDER KUMAR SHARMA Vs. PRESIDING OFFICER

JUDGEMENT

(1.) Present writ petition under Article 226/ 227 of the Constitution of India is for issuance of a writ in the nature of certiorari for quashing impugned award dated 3.7.2013 (Annexure P/13) passed by respondent the Industrial Tribunal-cum-Labour Court, Rohtak (for short, "the Tribunal") whereby the reference made at the instance of petitioner-workman was answered against him.

(2.) The petitioner was appointed as a Clerk vide appointment letter dated 05.11997 (Annexure P-1) and he was placed under probation for a period of one year, which was to be extended upto three years. The petitioner worked up to 01.08.1999 and he was not allowed to resume his duties w.e.f. 008.1999 though he had completed 240 days in each Calendar year. The petitioner challenged the said termination before the Tribunal to be illegal, null and void and against the principle of natural justice and in contravention of Section 25 (f) of the Industrial Dispute Act (for short, 'the Act').

(3.) The management came with the plea that the petitioner was on probation period and he failed to perform his duties satisfactorily so his services were terminated by the competent authority. The petitioner was repeatedly advised to improve his work and conduct and an opportunity was given by extending his probation period, but to no effect. He was conveyed vide letter dated 01.08.1999 (Annexure P-3) that his services were dispensed with being no longer required and his dues were sent by cheque by Registered Post.