Calcutta High Court
Agri Hoticultural Society Of India vs State Of W.B on 14 September, 2015
Author: Arindam Sinha
Bench: Arindam Sinha
ORDER SHEET
WP 3805/1994
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
ORIGINAL SIDE
AGRI HOTICULTURAL SOCIETY OF INDIA
Versus
STATE OF W.B.
BEFORE:
The Hon'ble JUSTICE ARINDAM SINHA
Date : 14th September, 2015.
Mr.Arunabha Ghosh, Adv.,
Mr.A.K. Shaw, Adv.,
Mr.B.P. Joshi, Adv.,
Mr.Samrat Dey Paul, Adv.,
Ms.Pranati Das, Adv.,
for the petitioner.
Mr.P. Ghosh, Adv.,
Mr.M. Maity, Adv.,
for the respondent no.3.
The Court : The respondent no.3 workman was appointed on probation by letter dated 24th March, 1988. A term of such appointment was that the service would be as on probation for one year and if found satisfactory may be confirmed after completion of probationary period.
Mr.Ghosh, learned Advocate appearing on behalf of the petitioner submits though the probationary period was extended by a period of six months what is important is that by letter dated 31st August, 1989 the said respondent was informed that his performance was found unsatisfactory during the probationary period. His performance was found to be sub-standard and below expectation and as such, his employment would automatically terminate on that day being the date on which the extended period of probation was to expire. He submits the dispute raised by the respondent was referred to the Tribunal which held in favour of the said respondent. However, by the award the Tribunal had found that the said respondent had neither filed any document to show that his service had been confirmed at any point of time nor had he been able to prove by adducing oral evidence that his service had been confirmed at any point of time. The Tribunal, according to Mr.Ghosh, thereafter went on to hold that the petitioner had miserably failed to prove any case of unsatisfactory performance of work of the concerned workman and without any such proof, the management had terminated the service of the workman during his period of probation. Having done so was something punitive and mala fide against the workman. Mr.Ghosh prays for an adjournment to make submissions on law regarding termination of service of workman during probation. Another point of law, which he submits he will urge, is unless a workmen is confirmed, the workman cannot claim automatic absorption as a permanent employee.
This matter is adjourned to be listed on Thursday next, i.e. 17th September, 2015.
(ARINDAM SINHA, J.) sd/