- (1.) THE petitioner was appointed as Electrician Gr. Ill with Indian Oil Corporation Ltd. vide letter of appointment dated 21-4-1986. The said appointment of the petitioner was on probation. According to the appointment letter the probation was for a period of six months from the date of joining and was liable to be extended or reduced. However, condition No; 3 of the appointment fetter stated that the petitioner was rot liable to be treated as confirmed unless a letter of confirmation to that effect is issued. The petitioner alleges that he had worked satisfactorily and he had completed the probation period which was never extended. Under the model standing orders framed under the Industrial Employment Standing Orders act, which, are applicable, the maximum period of probation provided is one' year and on completion of the said period of probation, the services of the petitioner were deemed, to be automatically confirmed. These Model Standing Orders being statutory in nature supersedes the terms and conditions contained in the letter of the appointment. Therefore, the petitioner stood confirmed after he had put in over one year of service. However, his services were abruptly terminated without any notice or opportunity of hearing vide order dated 26-4-1989 on the ground that he is on probation and his services are no longer required. The said termination order is under challenge by the petitioner.
(2.) IN the counter affidavit, the respondents have tried to justify the termination by stating that the petitioner, before joining his duties had given a declaration suppressing material information and containing false information. The petitioner in the declaration form had concealed about his last, employment, which was with U. P Rajya Vidyut Utpadan nigam Ltd. On inquiries it was revealed that the petitioner was sponsored for training, by the Nigam from 3rd February, 1986 to 4th July, 1936 but the petitioner deserted training on 19th May, 1987 by submitting his resignation which was in violation of the contract which was for a period of three years. Therefore, he had rendered himself disqualified for appointment.
(3.) THE first question which arises for determination is whether the services of the petitioner stood confirmed or he continued to be on probation on the date on which his services were, terminated.;