HYDRABAD INDUSTRIES LTD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) PRESENT writ petition has been preferred for issuance of an appropriate writ/writs in the nature of certiorari to quash the award dated december 4, 2003 passed by the Presiding officer, Labour Court, Deoghar in reference case No. 2/2002 vide which the learned tribunal held that the workman was entitled to the relief sought for and directed the management to reinstate the workmen on the same post within one month from the date of publication of the award and further directed to pay the entire back wages from the date of termination till the date of reinstatement.

(2.) THERE are two writ petitions being W. P. (L)No. 2908/2004 and W. P. (L)No. 2911/2004 and the facts and circumstances being identical, the same are being disposed of vide this common order.

(3.) THE facts, in brief, are set out as under:' w. P. (L) No. 2908/2004 the respondent No. 2 workman Ratan Lal kurmke was appointed as Chemist temporarily -on January 15, 1997 in a consolidated salary of rs. 3500/-per month and he continued to work till November 30,1997. Again vide Office order dated December 3, 1997 he was kept on probation for one year with effect from December 1, 1997. His probation period was extended for six months with effect from november 30,1998 vide order dated December 26, 1998. The petitioner employer terminated the services of respondent No. 2 with effect from May 31, 1999 and paid all the dues including his leave salary on June 1, 1999. His probation was not extended and it was a case of termination simpliciter on expiry of the probation period. Likewise, in second writ petition the respondent No. 2 Rajesh Mohan was appointed as Stock Loading Assistant for a period of one year on probation and the same was extended for another six months and he was also terminated on May 31,1999 on the expiry of the extended probation period.