The termination of employment of a probationer during the probationary period is valid only if the management can establish the validity, loyalty, existence, and contents of the letter forming the basis of the termination of employment.

Soumen Sen, J.

The employer, The Statesman Ltd., has filed the writ application being W.P No. 25931 (W) of 2013 for setting aside of an award dated 6th February, 2013, passed by the 4th Industrial Tribunal at Calcutta, in reference case No (VIII) - 01/2004 in favour of Rina Mukherjee an employee of the Statesman Ltd. directing reinstatement with back wages. W.P No. 24935 (W) of 2013 is an application filed by Rina Mukherjee for a direction upon the Deputy Labour Commissioner, Government of West Bengal to prosecute the employer under Section 29 of the Industrial Disputes Act, 1947, for violation of the Award passed on February 6, 2013. Both the applications are taken up for hearing and disposed of by this common judgment and order. The Statesman Ltd. by a letter dated 3rd June, 2002, appointed Rina Mukherjee as senior reporter and place her in executive level-2 (EL-2) of the Company's Grade at a remuneration of Rs. 13,157/-. She was appointed on probation for a period of 6 months from the date of her joining which period, however, could be extended at the sole discretion of the Company. The employee holds a Post Graduate Degree in Politics and Physics. She has also specialised in African Studies. She had been working as a Journalist for the last 18 years before her appointment at the Statesman Ltd. She was working as a Senior Correspondent at Business Standard Calcutta Bureau, U.N.I. Bombay and Indian Express, Bombay. The nature of the job at Statesman was to lookout for stories.

The employee before the Tribunal, during her evidence stated that she submitted about 70 stories. In the first two months the average stories submitted by her were about 28 to 30 and later on the average became three to four per month, which, however, were not allowed to be published. She further stated that at no point of time the Management of the Statesman ever complained about her poor performance or inform her that the performance was not up to the mark. She used to report to the Chief Reporter. During her cross-examination, she stated that in Indian Express she used to edit as well as write stories and later she became in-charge of the Science supplement of the Indian Express. At Business Standard, she worked as a Senior Correspondent. The employee alleged that her service was terminated since she alleged sexual and professional harassment at the work place by one Mr. Ishan Joshi, who was the News Coordinator and the in-charge of Editorial of the Statesman. She stated during her evidence that professional harassment took the form of stopping her stories from getting published. She claimed that there were more than 20 stories that got her byline and 8 of them were Breaking News stories. The Statesman Ltd., however, contended that her service was not continued due to poor unsatisfactory performance.

She was warned time and again but she had failed to improve her performance. The bogey of allegations of sexual and professional harassment at workplace are clearly 4 motivated and without any basis. She did not raise any complaint contemporaneously with the management about such alleged sexual harassment. Her performance as Senior Reporter was never satisfactory and drafting was of very poor quality. Her termination was based on her performance during her probation period. Mr. Ishan Joshi has denied during his evidence that he had sexually harassed the Journalist during her duty hours or at any point of time. Mr. Ravindra Kumar, the than a Managing Director of the Statesman in his evidence stated that during probation Smt. Rina Mukherjee was informed about her short-comings from time to time. Finally, in terms of Clause 15 of the appointment letter her service was terminated. She was appointed as a Senior Reporter on the basis of her experience. She was expected to file report of a certain quality. She had failed to file sufficient number of Breaking News stories. The witnesses deposed on behalf of the Management, however, admitted that no writt