Gujarat High Court
Gmm vs Nileshbhai on 6 July, 2012
Author: Abhilasha Kumari
Bench: Abhilasha Kumari
Gujarat High Court Case Information System
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SCA/8916/2012 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 8916 of 2012
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GMM
PFAUDLER LIMITED THRO MANAGER - Petitioner(s)
Versus
NILESHBHAI
VINODBHAI PATEL & 1 - Respondent(s)
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Appearance
:
MR
YOGEN N PANDYA for
Petitioner(s) : 1,
None for Respondent(s) : 1 -
2.
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CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 06/07/2012
ORAL ORDER
Heard Mr.Yogen N. Pandya, learned advocate for the petitioner. It is submitted that respondent No.1 was on probation with the petitioner-Company and the terms of his service clearly indicated that he would be on probation for a period of six months and if upon completion of the probation period, his services are not confirmed by a separate letter, it will be assumed that the probation period has been extended, pending decision of the Management. It is further submitted that the services of respondent No.1 could be terminated by giving notice of 15 days or paying salary in lieu thereof. The employee was given notice of termination with effect from 12.06.1997, after 1 ½ years probationary service, as his services were not confirmed in the interregnum. It is further submitted that in such circumstances, the Labour Court ought not to have treated the termination of the employee, as being in violation of the provisions under Section-25(F) of the Industrial Disputes Act, 1947. In support of the above submissions, reliance has been placed upon the judgment of the Supreme Court in Municipal Committee, Sirsa Vs. Munshi Ram, reported in 2005 (2) SCC 382.
Rule and Notice as to interim relief, returnable on 07.08.2012.
By way of ad-interim relief, the impugned award, insofar as it grants continuity of service with consequential benefits, shall remain stayed, till then.
(Smt. Abhilasha Kumari, J.) Gaurav+ Top