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2006 Supreme(Kar) 291

ANAND BYRAREDDY
MARY KUTTY – Appellant
Versus
HINDUSTHAN TIMES, BANGALORE – Respondent


Advocates:
Smt. Shwetha Anand

ORDER

The petitioner was appointed by the respondent as a Telex Printer Operator on a salary of Rs. 600/-, as on 10-10-1984. She was designated as a part-time Telex Printer Operator at Bangalore, though she was doing full time work of typing, telephone operator, Clerical and cutting and filing of newspaper work. She continued to discharge her duties and the respondent-management had changed her designation as a trainee-Clerk with additional responsibilities. This was a ruse adopted by the management in order to circumvent the legal provisions of the Industrial Disputes Act, 1947. The said workman even after change of designation was continued to be treated as a trainee and the period of appointment as a trainee was extended from time to time. The last of such extension was by a letter dated 12-1-1990 as at Ex. M. 5, extending the training period from 2-1-1990 to 31-5-1990. By a letter Ex. M. 8, the petitioner was informed that if she does not improve her performance and behaviour, she would be automatically removed from 30-11-1990. Thereafter by issuing Ex. M. 9, she was terminated whereunder, the respondent-Management had stated as follows.-

“You had been allowed to undergo traini














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