Case Note & Summary
The petitioner, Shri Srikant Baburao Awthade, filed a writ petition challenging his termination from service as a Chowkidar with the National Cooperative Development Corporation (NCDC), a Central Government Undertaking. He was appointed on 31-3-1980 on probation for two years and resumed duties on 10-4-1980. His services were terminated by letter dated 16-8-1982, before the expiry of the probation period. The petitioner approached the Labour Court at Pune in Complaint (ULP) No.52 of 1988 alleging illegal termination and claiming reinstatement with backwages. The Labour Court dismissed the complaint. The petitioner then filed the present writ petition. The petition was initially dismissed for non-prosecution on 25-7-1991 but restored a year later and rule was granted on 18-11-1992. When the matter came up for final hearing on 9-6-2005 and 10-6-2005, none appeared for the petitioner. On the final hearing date, 16-6-2005, again none appeared for the petitioner. The court proceeded to decide the petition ex-parte on merits. The court noted that the respondent NCDC had framed Service Rules under Section 23(1) of the National Cooperative Development Corporation Act, 1962. The petitioner was appointed on probation for two years and was terminated before the expiry of that period. The court held that the termination was in accordance with the service rules and not illegal. The Labour Court's dismissal of the complaint was upheld. The writ petition was dismissed with no order as to costs.
Headnote
A) Service Law - Termination during Probation - Validity - Petitioner appointed as Chowkidar on probation for two years, terminated before expiry of probation period - Labour Court dismissed complaint - High Court upheld termination as per service rules framed under Section 23(1) of National Cooperative Development Corporation Act, 1962 - Held that termination during probation is permissible and not illegal (Paras 1-3).
Issue of Consideration
Whether the termination of the petitioner during his probation period was illegal and whether he is entitled to reinstatement with backwages.
Final Decision
The writ petition is dismissed. No order as to costs.
Law Points
- Termination during probation
- Non-prosecution
- Ex-parte decision
- Service Rules under Section 23(1) of National Cooperative Development Corporation Act
- 1962
