JUDGEMENT
R.S. Mongia, J. -
(1.) The petitioner having been sponsored by the Employment Exchange for the post of Accounts Assistant in the Haryana State Handloom and Handicrafts Corporation Ltd. Chandigarh (hereinafter referred to as the Corporation), was interviewed for the said post on 28th July, 1980. He having been selected for the post, was issued an appointment order on 5th August, 1980. It was mentioned in the order that the petitioner would be on probation for a period of one year, which could be extended at the discretion of the management. It was further mentioned that during the period of the probation, the services of the petitioner could be dispensed with on one month's notice on either side or pay in lieu thereof.
(2.) It may be mentioned here that the Corporation is a Haryana State Government undertaking and has been incorporated under the Indian Companies Act for the development of Handloom and Handicrafts industry in the State of Haryana. The Chairman and the Managing Director are the officers who are appointed by the Government. From the bye-laws it is quite evident that the State Government has all pervasive control over the Corporation. It has not been seriously contested that the Corporation is not an 'authority' under Article 12 of the Constitution of India.
(3.) The Board of Directors of the Corporation have framed service bye-laws to regulate the recruitment and conditions of service of the persons appointed in the Corporation. Bye-law 3.1(h) of the Bye-laws provides for the period of probation, where Bye-law 6.4.(k) provides that an order of dismissal, removal or reduction shall not be passed against a person unless he had been given reasonable opportunity of showing cause against the action proposed to be taken against him. A detailed procedure is also given as to how the enquiry is to be held against a delinquent officer/official.;
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