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2005 Supreme(SC) 205

N.S.HEGDE, S.B.SINHA
Municipal Committee, Sirsa – Appellant
Versus
Munshi Ram – Respondent


Judgment

Santosh Hegde, J.—The appellant is a municipal committee which had appointed the respondent on probation for a period of one year as ‘Octroi Moharrir’. The letter of appointment dated 21.07.1979 inter alia stated that services of respondent can be terminated without assigning any cause at any time during the period of probation. By a letter dated 12.03.1980, the service of the respondent was terminated during the period of probation. The said letter of termination read thus;

“Shri Munshi Ram, Octroi Municipal Committee, Sirsa is hereby discharged from the duty as no longer is required by Municipal Committee, Sirsa with immediate effect.

Sd/-

Administrator

Municipal Committee,

Mahabir Sirsa”

2. The said termination/discharge gave rise to a labour dispute raising the following issue;

“Whether the termination of services of Shri Munshi Ram was justified and in order? If not, to what relief he is entitled?”­

3. The Labour Court by its order dated 19.06.1982 made an award holding that the termination was neither justified nor in order and the workman is entitled to reinstatement with continuity of services and with full back wages.

4. The said award came to be challenged in the Writ Pe



























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