KALYANPUR CEMENTS LIMITED Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for respondent No.3.

(2.) The writ application has been filed for quashing the order dated 15.04.1995 passed, in B.S.E. Case No.3 of 1991, by the Presiding Officer, Labour Court, Patna, by which he has directed the reinstatement of the respondent No.3 in service with full back wages and consequential benefits.

(3.) The facts of the case stated by the respective parties before the Labour Court are broadly that the respondent No.3 was appoint as Receptionist-cum-Telephone Operator vide Appointment No.1594 dated 01.04.1987 on probation for a period of six months. The probation was extended for a further period of six months from time to time which, according to respondent No.3, was at the whims of the Management, whereas according to the petitioner it was on account of poor performance of respondent No.3. It is also not in dispute that the services of respondent No.3 were terminated by letter dated 29.12.1989 stating that her confirmation was subject to satisfactory performance; since her performance was not found satisfactory in spite of advice given to her from time to time, the probation period was extended on different occasions to give her opportunity as goodwill gesture but despite opportunity given to her, her performance had not improved and her extended probation period was going to expire on 31st Dec., 1989 and having lost all hopes, her services were terminated with effect from 31st December, 1989 as per the provisions of the contract and a cheque for Rs.3,103.45.00 was enclosed towards notice pay and statutory claim. She was advised to settle her account from the Accounts Sec. on production of clearance certificate.