- (1.) This is an appeal against the judgment of a learned Single Judge dated October 12, 1971, by which he has quashed the award (Ex-10) of the Regional Labour Commissioner dated July 3/4, 1969, as a birrator.
(2.) Appellant Kamal Kishote Goyal was appointed as office assistant in the Ajmer branch of Union Co-operative Insurance Society Ltd; hereinafter referred to as "the Society", by order Ex. 1 dated December 2, 1966. He was to draw a consolidated salary of Rs. 135/ per month, and the appointment was on probation for a period of six months in the first instance The Society reserved the right to increase the period of probation and the appointment was terminable during the period of probation without assigning any reason. The appellant was, however, allowed to continue in service after the expiry of the period of probation.
(3.) He expressed a desire to wok as a field officer, and wanted to be given a trial in that capacity. This led to the making of order Ex. 3 dated October 6, 1967. The Divisional Manager made a reference, in that order, to the earlier letter of the appellant "showing his desire to work as field officer at Bikaner"; and to the discussion with the appellant, and stated that although the appellant's performance was very poor when he was posted at Nagaur, the Society was giving him advance once again. It was stated further that while the Society did not want to increase its cost from the very beginning, the appellant's salary would be revised if his work was found satisfactory. A direction was given in the order that the Branch Manager, Ajmer, should relieve the appellant by October 15, 1967 and direct him to go over to Jaipur for further instructions as he was to proceed to Bikaner. Letter Ex 4 was simultaneously addressed to the appellant by the Divisional Manager on October 6, 1967 in which reference was made to his later of October 4, showing his "desire to go to Bikaner to work in field". The appellant was informed that he was being sent to Bikaner on the "same salary", but an assurance was given that the question of increase in the salary would be thought over after seeing his per-formance. He was further informed that the decision to send him to Bikaner was final and that, if he did not agree to it, the Society would have to consider whether it should continue his services. He was asked to get ready by October 15, 1967 to go wherever he was posted in Rajasthan. The appellant, it appears, did not comply with the order of the Divisional Manager, and that led to the making of order Ex. 5 dated October 16, 1967 by which the Divisional Manager informed him that the Society was constrained to terminate his services with effect from October 16, 1967 and that he might collect his dues from the Ajmer office on any working day.;