RAMDHAR SINGH Vs. RAJASTHAN COMMUNICATIONS LTD

JUDGEMENT

(1.) THE petitioner has challenged the order dated October 10, 1987 passed by the Director, Rajasthan Communications Ltd. , for termination of his service.

(2.) THE petitioner joined service as a Helper on ad hoc basis with effect from February 8, 1986. He was given regular pay scale of a helper with effect on April 1, 1987. He was appointed on probation by order dated April 25, 1987. The period of probation was fixed as one year and it could be extended at the discretion of the management of the company. During the period of probation, the impugned order dated October 10, 1987 was issued by the respondent-company terminating the services of the petitioner on the ground of unsatisfactory performance during the period of probation.

(3.) THE petitioner has challenged the order of termination by stating that a direction had been given by the company to various employees including the petitioner to report for duty on September 30, 1987 which was a holiday. None of the employees turned up on that day. The Director got annoyed with the petitioner on this count and, therefore, he got issued the order of termination of his service. The petitioner's plea is that termination order is founded on misconduct, namely, failure of the petitioner to report for duty on September 30, 1987 and that such an order could not have been issued except after compliance with the principles of natural justice. He has also attacked the order of termination on the ground of arbitrariness and violation of the Articles 14 and 16 of the Constitution.