RAJENDRA SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This application has been filed for issuance of a writ in the nature of certiorari for quashing the order dated 10-6-1999 (Annexures-6 & 6/A) whereby the services of the petitioners have been terminated with effect from 11th of June, 1999.

(2.) Short facts giving rise to the present application are that by order dated 30th of June, 1999 (Annexures-4 & 4/A), petitioners were appointed as Diploma Trainee (Mining) hereinafter referred to as 'Trainee' on a consolidated stipend of Rs. 1750 per month in the first year and Rs. 2000 per month for the second year for a period of two years w.e.f. fore-noon of 11th of June. 1997. It is the stand of the petitioners that their appointment as Trainee was made after following the procedure prescribed for appointment in the Personnel Policy of the respondents Pyrites Phosphates and Chemicals Ltd. (hereinafter referred to the 'Company').

(3.) The terms and conditions for appointment as Trainee find incorporated in the memo dated 4th June. 1977 (Annexure-5). Clause 2 and 5 thereof which are relevant for the purpose, are quoted below: (2) "Your training period in Mines would be initially for a period of two years with effect from the date you report for duty. The above training period can be extended/terminated at he discretion of the Management without assigning any reasons. (5) On successful completion of the training period of two years and satisfactory performance your case for absorption as Mine Mate cum Blaster Gr-II in the pay scale of Rs. 2550-90-3990-ME-7 will be considered." On completion of two years training, the services of the petitioners have been terminated. It is the prayer of the petitioners that the order terminating their services be quashed and the respondents be directed to absorb them in service. !n this connection, Clause 2.0 of Chapter 2 of the Personnel Policy of the respondent Company has been referred to which provides for the classification of employees and in that the Trainees have also been incorporated within the expression 'Employee.'