Vijender Jain, C.J. - (1.) THE present appeal under Clause X of the Letters Patent has been filed against judgment dated 8.1.2003 of the learned Single passed in C.W.P. No. 3825 of 1985.
(2.) THE appellant, who had successfully contested the termination of his service before the Labour Court, faced the onslaught of the aforesaid writ petition preferred by respondent Nos. 1 and 2. By the impugned judgment, the said writ petition has been allowed and as a direct fall -out thereof, the appellant faced the prospects of being on the roads. Learned Counsel for the appellant contended and which fact also finds mention in the grounds of appeal, that pursuant to the award of the Labour Court, the appellant had been taken back in service in 1985 itself and since then, he has been performing duties assigned to him by his employer and the learned Single Judge has failed to appreciate this fact. Besides, the only point on which the service of the appellant had been terminated was that he was shunted out after a period of seven months of his joining and the period of probation so mentioned in the letter of appointment was six months.
(3.) RESPONDENT Nos. 1 and 2 had, however, pleaded that there were in existence rules/ bye -laws which provided for probation period to be one year and, therefore, in view of the same, if the service of the appellant had been terminated after seven months of his appointment, they were very well within their right to do so.;