MALATHIKUTTY K Vs. LALBHAI DALPATBHAI INSTITUTE OF INDOLOGY

JUDGEMENT

(1.) The petitioner since deceased, by this petition under Article 226 of the Constitution of India, praying for quashing and setting aside of the order of the respondent-institution at Annexure-B dated 5/12/1986 under which her services were brought to an end.

(2.) The facts of the case are that the petitioner was appointed by the respondent-institution as a Steno-Typist after due selection under the order dated 25/6/86, at Annexure-A on the record of this Special Civil Application. She was given appointment on probation for one year from the date of her joining with a condition that confirmation shall depend upon satisfactory performance of duties allotted to her.

(3.) The dispute raised is whether it is an order of simpliciter discharge of petitioner-probationer from the services or an order, for her act of joining the employees' union by way of penalty.