Case Note & Summary
The case involved a petition filed by a driver challenging the termination of his service by the Gujarat Water Supply and Sewerage Board. The petitioner was initially appointed as a temporary driver for 30 days in April 1982 and later appointed on probation for six months in August 1983, with extensions due to unsatisfactory performance. The petitioner contended that his termination was arbitrary and discriminatory, claiming that junior drivers were retained and that he was not paid a regular salary, thus violating the principle of 'equal pay for equal work'. The court examined the circumstances surrounding the termination, noting that the petitioner had received several warnings regarding his performance and that his service was deemed unsatisfactory. The court found that the petitioner had not disclosed his permanent employment with the Gujarat State Road Transport Corporation, which further undermined his claims. Ultimately, the court dismissed the petition, ruling that the termination was lawful and that no relief could be granted to the petitioner, who was already employed elsewhere. The petitioner was ordered to bear the costs of the petition, quantified at Rs. 1,500.
Headnote
A) Employment Law - Termination of Service - Lawfulness of Termination During Probation - Constitution of India, 1950 - The court held that termination of service during the probationary period based on unsatisfactory performance is lawful and does not violate constitutional provisions. The petitioner's claims of discrimination and unfair labour practices were rejected as the termination was justified due to performance issues (Paras 5-6).
Issue of Consideration
Whether the termination of the petitioner's service during the probationary period was lawful and whether the principle of 'equal pay for equal work' was violated.
Final Decision
The court dismissed the petition, ruling that the termination of the petitioner's service was lawful due to unsatisfactory performance during the probationary period. The petitioner was ordered to bear the costs of the petition, quantified at Rs. 1,500.
Law Points
- Employment law
- termination of service
- probationary period
- equal pay for equal work
- unfair labour practice
