MUKESH K TRIPATHI Vs. SENIOR DIVISIONAL MANAGER L I C
LAWS(SC)-2004-9-42
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on September 06,2004

MUKESH K.TRIPATHI Appellant
VERSUS
SENIOR DIVISIONAL MANAGER, L.I.C. Respondents

JUDGEMENT

S.B. Sinha, J. - (1.) These appeals are directed against a judgment and order dated 8-1-1999 passed by the High Court of Judicature at Allahabad in Civil Misc. Writ Petitions No. 30393 of 1996 and 28474 of 1998 whereby and whereunder the writ petitions filed by the Respondent herein were allowed setting aside an award dated 28-5-1996 passed by the Central Government Industrial Tribunal-cum-Labour Court, Kanpur.
(2.) The basic fact of the matter is not in dispute. The Appellant was appointed by the Life Insurance Corporation of India (hereinafter called and referred to for the sake of brevity as the Corporation) on or about 16-7-1987 as Apprentice Development Officer. The relevant terms and conditions contained in the offer of appointment are as under: "2. You will be taken, at the outset, as an Apprentice for a period of one year commencing from 16-7-1987 on a stipend of Rs. 1250/- per month, and will be given two months theoretical training at Divisional Office, Kanpur and thereafter the (sic) months Branch training following by Field Training in a Branch as may be decided to us. You will faithfully and diligently apply yourself to the course of training fixed for you and carry out all orders and directions given to you. 3. On completion of the apprenticeship period, if your work and conduct are found satisfactory, you will be appointed as a Development Officer on probation on a monthly basic pay of Rs. 700/- and such other allowances as are admissible in accordance with staff Regulations. 4. During the period of apprenticeship, you shall be liable to be discharged from service without any notice. 7. You are not entitled to any travelling allowance for joining the Training Centre at Division Office, Life Insurance Corporation of India, Kanpur."
(3.) The services of the Respondent were terminated purported to be in terms of para 4 of the said offer of appointment by a letter dated 14-7-1988. Contending that he has been retrenched in contravention of Section 25F of the Industrial Disputes Act, the Appellant herein raised an industrial dispute whereupon the Central Government by a notification dated 23rd August, 1991 referred the following dispute the adjudication of the Central Government Industrial Tribunal cum Labour Court, Pandu Nagar, Kanpur (for short the Tribunal): "Whether the action of the Divisional Manager, LIC of India, Kanpur, in discharging Sri Mukesh Kumar Tripathi from service w.e.f. 14-7-88 is legal and justified If not to what relief the concerned workman is entitled - ;


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