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1990 Supreme(SC) 145

M.M.PUNCHHI, K.RAMASWAMY
Ramnikbhai Dahya Bai Baroda – Appellant
Versus
Pragati Sahakari Bank Baroda – Respondent


( 1 ) THE respondent on 1/2/1983 was employed as a clerk by the appellant bank on probation for six months. The said period was extendable by a further period of six months. On the expiry of the first period of six months, the appellants, after 27 days later sent an intimation to the respondent extending his period of probation by six months. During the coursethereof, the appellant sent a weeks notice to the respondent under the Standing orders discharging him from service. The respondent raised a dispute before the labour court. The Labour court held that the respondent was a probationer; that the notice terminating his service was not proper under the Standing orders. Cross appeals were filed by the parties before the Industrial tribunal, which took the view that since probation of the respondent was not extended before the expiry of six months, then he had become a permanent employee, but the notice of termination of service sent to him was otherwise valid and the date of receipt has been tampered by the respondent. The High court dismissed the appellants writ petition in limine on the ground that Under Clause 3- a of the Standing Orders, a probationer becomes permanent on compl



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