SUNITA GUPTA,J. - (1.) Mahinder Singh, in this intra court appeal impugns the judgment of learned Single Judge dated 13th November, 2013 passed in WP(C) No. 7875/2001 titled as M/s. AIR India Ltd. v. Mohinder Singh & Anr. whereby the award dated 19th July, 2001 passed by the Industrial Tribunal-III directing reinstatement of appellant-workman with continuity of service and full back wages was set aside and the writ petition filed by the respondent-management was allowed.
(2.) The facts in detail have been set out in the judgment of the learned Single Judge. Hence, we are not repeating the same except where necessary.
(3.) The appellant was initially appointed as a driver on temporary basis by the respondent on 29th July, 1986. The temporary appointment was extended from time to time for a period of 1 to 3 months. By the letter dated 29th June, 1987 the appellant was given regular appointment on the post of "driver" pursuant to his application and subsequent interview in a regular pay scale of Rs.480-14-620-16-700-18-754. He was to remain on probation for a period of one year initially with further stipulation that such probation period could be extended or alternatively his services may be terminated if performance was not found satisfactory. The relevant clause 4, as contained in the appointment letter dated 29th June, 1987, reads as under:- "You will be on probation for a period of one year initially. If during such probationary period, your services are not found satisfactory, the period of probation may be extended or, alternatively, your service may be terminated." ;