Oil And Natural Gas Commission And Ors vs Dr. Mohd. S. Iskender Ali on 14 April, 1980
Even it such employee while questioning the validity of
an order of termination simpliciter brings on the record
that some preliminary enquiry or examination of some
allegations had been made that will not vitiate the order of
termination. Reference in this connection may be made to the
case of Oil and Natural Gas Commission v. Dr. Mohd. S.
Iskender Ali, [1980] 3 SCR 603 where it was pointed out that
a temporary employee is appointed on probation for a
particular period only in order to test whether his conduct
is good and satisfactory so that he may be retained" . It
was also said that even if misconduct negligence
inefficiency may be the motive or the influencing factor
which induced the employer to terminate the service of the
employee which such employe admittedly had under the terms
of the appointment such termination cannot be held to be
penalty or punishment.