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1995 Supreme(SC) 206

KULDIP SINGH, M.N.VENKATACHALIAH
S. Ramachandran – Appellant
Versus
Hyderabad Allwyn Metal Works LTD. . , Sanathnagar, Hyderabad – Respondent


(1) THE appellant joined service with Respondent 1 as General Manager/Executive Director in June 1980. His services were terminated on payment of three months salary in lieu of the notice period by the order dated 4/5/1981. Clauses 4, 5 and 6 of the appointment order are as under:

"4. You will be on probation for a period of one year from the date of joining duty. 5. The Management reserves the right to terminate your probation at any time during the period of probation, without notice and without assigning any reason whatsoever. 6. The appointment is terminable on three months notice on either side.

"

(2) THE appellant represented before Respondent 1 that clause 6 by itself was sufficient to protect the interests of both the parties and as such it was not necessary to retain clauses 4 and 5 of the appointment order. On the said representation the employer deleted clauses 4 and 5 from the appointment order.

(3) THE appellant challenged the order of termination by way of a writ petition before the A. P. High court. A learned Single Judge dismissed the writ petition on the following reasoning:

"IT is clear from a perusal of the above correspondence that, in




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