CHHAYABEN LABHSHANKER MEHTA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of the present petition, the petitioner challenges the Notification dated 8th August, 2002 issued by the State of Gujarat-the respondent no.1 herein, terminating the services of the petitioner as Judge, Labour Court (Junior Division), Class I.

(2.) The petitioner graduated in law from the North Gujarat University with high academic distinctions in the year 1991. She passed the LL.M. examination in the year 1994 securing first place in the North Gujarat University and was awarded gold medal. The petitioner obtained experience as an Advocate, and thereafter, she appeared in the examination for Class I post conducted by the Gujarat Public Services Commission on the basis of her academic qualification and experience as an Advocate. She passed the said examination in the year 1999 and on the basis of her placement in the select list at serial no.13, she was offered appointment as Judge, Labour Court by an order dated 16th October, 1999 issued by the respondent no.2. She was appointed under the Government Notification, Labour and Employment Department dated 12th October, 1999. The petitioner joined the services in the Labour Court at Ahmedabad on 21st October, 1999.

(3.) It is the case of the petitioner that her services were satisfactory and no memo or warning notice in respect of her performance was issued to her. It is the case of the petitioner that on the contrary the Registrar of the High Court had issued her a letter dated 20th April, 2001 stating that her Annual Confidential Report for the year 2000 is reasonably good. It was submitted that for the year 2002, the petitioner was not communicated any remark relating to grading as was done in the year 2001. No adverse remark or memo or warning letter was issued for the said year and she had completed her probation period on 20th October, 2001. It was submitted that during the probation period, her services as Labour Judge were quite satisfactory and without any adverse remark/grading or memo/warning letter. Thereafter, she was transferred to Labour Court, Rajkot by order dated 7th May, 2002 and she had reported on duty at Labour Court, Rajkot on 17th June, 2002. It was contended that after completion of probation period on 20th October, 2001, no letter of confirmation was given, nor was any letter of extension of probation period given, and therefore, she was deemed to be confirmed on the post immediately on expiry of probation period. By a communication dated 12th August, 2002, respondent no.3-the President, Industrial Court informed the petitioner that her services are put to an end on expiry of probation period from 8th August, 2002. Alongwith the forwarding letter, the impugned Notification dated 8th August, 2002 issued by the respondent no.1 was also enclosed. The said Notification dated 8th August, 2002 is subject matter of challenge in this petition.