STANLEY MENDEX Vs. GLOVANOLA BINNY LTD
HIGH COURT OF KERALA
GLOVANOLA BINNY LTD
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(1.) The petitioner has come forward with this writ petition seeking to quash an award made by the Industrial Tribunal, Calicut, dismissing a complaint put in by him under S.33 of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act.).
(2.) The petitioner had been appointed as a welder in the service of the respondent company on probation, the period of probation being one year commencing from the 27th May 1964. On the 24th May 1965 the management proposed to terminate the petitioner's employment with effect from the 27th May 1965 which date marked the end of the probationary period, the reason stated by the management being that the petitioner's work was found to be unsatisfactory. The petitioner sought to challenge this order before the Industrial Tribunal on the ground that it was passed in violation of the provisions of S.33 of the Industrial Disputes Act in as much as an Industrial Dispute I. D. No. 48 of 1966 was pending before the Tribunal, wherein the first issue related to the question of confirmation of probationers. There was also a further allegation put forward by the petitioner that the order passed by the management was lacking in bona fides and that in reality it constituted an act of victimisation.
(3.) The management contended before the Tribunal that the petition was liable to be dismissed in limine on the ground that the case fell completely outside the scope of S.33 of the Act. It was urged by them that their action in terminating the services of the petitioner at the end of the probationary period did not in any manner constitute a change in the conditions of service of the petitioner and amounted to nothing more than the exercise of their right under the contract to terminate the services of a probationer at the end of the period of probation on the ground of his unsuitability to be absorbed into regular service. The Tribunal upheld this contention put forward by the management and hence dismissed the complaint.;
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