Point of Law: Service matter - Probation period - Order of termination - If allegations constitute a motive and not the foundation for termination then such simple order of termination would be valid - It is found that during extended period of probation for 12 months appellant attended her duty for three days only - Since termination is held to be legal appellant would not be entitled to get back-wages.

JUDGMENT :

G.A. Sanap, J.

Both the letters patent appeals arise out of the same Judgment dated 12th April, 2010 in Writ Petition No.5603/2009.

The learned Single Judge partly allowed the writ petition and set aside the order dated 1st April, 2009 passed in Case No.CGIT/NGP/69/04 by the Presiding Officer & Central Government Industrial Tribunal-cum-Labour Court, Nagpur (in short, C.G.I.T.”) upholding the order of termination of the employee from service and remanded the matter back to the C.G.I.T. Both the parties in the writ petition have challenged the order of remand passed by the learned Single Judge.

2. In this judgment the petitioner-employee before the C.G.I.T. would be referred as the appellant and the employer would be referred as the respondent.

3. The appellant made a complaint to the Central Government about the unlawful termination of her services by the respondent. The Central Government, therefore, referred the dispute between the appellant and the respondent to the C.G.I.T.

4. On receipt of the notice in the Reference the appellant filed a Statement of Claim and challenged the order of termination dated 4th November, 1994. It is the case of the appellant that she was appointed on compassionate ground, in place of her husband after his death, vide order dated 10th November, 1992 for one year and posted at Beldongri Mine. As the place of posting was not convenient to the appellant she made a representation for giving posting near Nagpur. It is stated that during the period of probation her conduct and work was appreciated. The management thereafter extended her probation period for six months vide order dated 1st November, 1993 and at the same time transferred her from Beldongri Mine to Chikla Mine, which is at a distance of 100 km. from Nagpur. She joined Chikla Mine on 26th November, 1993. Her probationary period was again extended for three months by order dated 10th May, 1994. On expiry of this period of three months again from 9th August, 1992 probationary period was extended for three months. It is stated that after her transfer to Chikla Mine she worked there for three days. She could not attend the duty inasmuch as she was seriously ill. She proceeded on medical leave. It is alleged that the management of the respondent vide order dated 4th November, 1994 illegally terminated her services w.e.f. 10th November, 1994.

5. According to the appellant, on completion of the initial probationary period of one year on 9th November, 1993 she became the permanent employee of the respondent. The extension of probationary period on three occasions was unwarranted and contrary to the provisions of the Model Standing Order. She acquired the status of permanent employee from 9th November, 1993 and, therefore, she was entitled for the benefits and rights as a permanent employee. It is alleged that the action of management respondent terminating her services presuming her being a probationer was illegal. She could not have been terminated without enquiry. The facts stated in the termination order are stigmatic. She was entitled for the retrenchment compensation. The appellant prayed for reinstatement with full back-wages and maintaining her seniority.

6. The authorized officer of the respondent filed the written statement and opposed the claim. In sum and substance, the respondent denied the material facts pleaded in the Statement of Claim. It is contended that though the appellant was not entitled for the employment on compassionate ground, adopting humanitarian approach she was given employment. Her late husband died on Sunday due to massive cardiac arrest. He did not expire in the course of employment. The cause of death had no concerned with his employment. The appellant was appointed as a Clerk Grade-III and posted at a nearest Mine of Beldongri as a special case. She was appointed on probation for a period of one year subject to the terms and conditions as stipulated in the appointment order. The appellant was informed at the