- (1.) By this petition under Art. 226 of the Constitution of India the petitioner U. P. Cooperative Spinning Mills Ltd., hereinafter referred to as the Mills, has sought a writ of certiorari for quashing the award of the Labour Court, Agra dated 30th June 1972 as published in the U. P. gazette dated 19th Aug. 1972.
(2.) An advertisement was issued by the Mills in the Hindi daily 'Jagran calling for applications for the purposes of the appointment to a post of a clerk in the said mills. Respondent No. 3. Mahendra Kumar Shukla applied on 30th July 1967 for appointment on the said post. He was selected and ultimately by an appointment letter dated 18/20th Oct. 1967, Annexure A-l, to the petition, Mahendra Kumar Shukla was appointed as a clerk in the mills in the scale of Rs. 100-180 plus dearness allowances at the State Government rates admissible from time to time on probation of six months. In the said appointment letter it was further provided that the Management reserved the right to terminate the services of respondent No. 3. during the period of probation without notice and without assigning a cause. It was further provided that he shall be confirmed by separate letter of confirmation after the expiry of the satisfactory period of probation and there shall be nothing like automatic confirmation. A power was further given to the mills to extend the period of probation.
(3.) Respondent No. 3 took over charge on 20th Nov. 1967 in terms of the appointment letter and joined the post of the Provident Fund clerk in the mills. Six months' probationary period of respondent No. 3 expired on 20th May, 1968. By an order dated 15th June 1968 the Secretary of the mills extended the probationary period of respondent No. 3. for another six months with effect from 20th May, 1968. This period was to expire on 20th Nov. 1968. The Secretary of the mills by an order dated 14th Nov. 1968 terminated the services of respondent No. 3. with effect from 19th Oct. 1968.;