- (1.) The petitioner has sought quashing the order dated 30th September, 1996 passed by Presiding Officer, Labour Court, Ranchi in B.S. Case No. 7 of 1993, whereby the learned Labour Court has dismissed the complaint petition filed by the petitioner under Section 26 of the Bihar Shops and Establishment Act and Rules framed thereunder, holding that the termination of the petitioner was just and proper and he was not entitled to any relief. The short facts of the case Is as under: The petitioner joined the service of the Respondent No. 2 as Development Officer pursuant to the appointment letter dated 28th March, 1990, The appointment was made subject to completion of probation period and compliance of some other conditions, One of the conditions was that the petitioner has to fulfill the given target of collecting premium amount fixed for the first and second year, However, the petitioner failed to fulfill the said target. The respondents, thereafter, extended the probation period by further one year from 4th April, 1992 to 3rd April, 1993. In the said extension letter, It was mentioned in the clear terms as follows:- You have to complete the premium amount of Rs. 4.00 lacs in the extended period of probation while simultaneously complying with the Clause 4(a)(ii) and (iii) of appointment letter failing which your service shall stand automatically terminated from 3rd April 1993 and no further extension shall be allowed.
(2.) The admitted case is that the petitioner failed to achieve the said target and he could collect premium amount of Rs,2,938/- only as against the targeted premium of Rs. 4.00 lacs.
(3.) in accordance with the condition of the extended probation period, services of the petitioner was terminated with effect from 3rd April, 1993.;