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RAJA VIJAYARAGHAVAN V., P. M. MANOJ
Ranjith Chandran – Appellant
Versus
Senior General Manager-H. R. D (Field), Intas Pharmaceuticals Limited – Respondent
JUDGMENT :
Raja Vijayaraghavan, J.
This appeal is preferred assailing the judgment dated 6.12.2022 in W.P.(C) No. 18575/2022 passed by a learned Single Judge of this Court whereby the award dated 3.2.2022 passed by the Industrial Tribunal in I.D. No. 4/2019 ordering the reinstatement of the 1st respondent in service with continuity of service and payment of backwages with effect from the date of termination of service was set aside. The 1st respondent, who is the workman, has come up in appeal.
2. Short facts that are required to be stated for deciding the appeal are as under. For the sake of ease and clarity, the parties shall be referred to as Workman and Management.
He was appointed by the Management as a Business Executive in their establishment by order dated 31.3.2018 and he continued to work as such till 31.5.2018. His service was blemishless and there was no case that the workmen had committed any act of indiscipline or misconduct. The Management, without stating any reason and without furnishing him an opportunity to show cause, terminated his service with effect from 31.5.2018, by serving a letter of
If misconduct is the foundation to pass the order, then an enquiry into misconduct should be conducted and an action according to law should follow. But if it is (sic) notice, it is not incumbent upo....
Termination of a probationary employee must follow due process, including an enquiry if misconduct is alleged; failure to conduct such an enquiry renders the termination invalid.
An employer must provide just cause for terminating a probationer's employment, and failure to do so renders the dismissal unjust.
The termination of probationary employment must adhere to statutory requirements, ensuring fair procedure and prior consent are obtained as stipulated by law.
An employee on probation cannot be terminated without just cause; the employer must provide fair evaluation and opportunities during the probationary period.
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