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1988 Supreme(Ker) 217

T.KOCHU THOMMEN
Samson Jayasingh – Appellant
Versus
Malayalam Plantaions Ltd. – Respondent


Judgment :-

1. The petitioner was an employee of the first respondent. He was appointed on probation by letter dated 22-1-1975. That letter says that the petitioner was to be on probation for a period of one year from the date of joining service. It further says:

" If your work and conduct during this period are found to be unsatisfactory in any way, your services will be terminated without notice, or assigning any reason for the same."

Subsequently by letter dated 31-1-1976 the petitioner was told by the management:

"I regret that you have been found unsuitable for the post of an Assistant Conductor and as per the second paragraph of the above mentioned letter, your services are being terminated with immediate effect."

2. As a result of the action of the management terminating the services of the petitioner, an industrial dispute arose and the dispute was referred to the Labour Court, Quilon, which by the award in I. D. No. 56 of 1978 found that the termination of the services of the petitioner was on "bona fide grounds". It was further found that the petitioner was not entitled to reinstatement. Nevertheless the court found that the services of the petitioner bad not been validly ter















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