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2023 Supreme(Raj) 486

ANOOP KUMAR DHAND
Ram Jeevan S/o Shri Moti Lal – Appellant
Versus
Rajasthan State Road Transport Corporation Jaipur – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Ashok Joshi
For the Respondent: Mr. Om Prakash Sheoran

JUDGMENT :

1. By this writ petition, the petitioner impugns the award dated 20.6.2016 passed by Labour Court No.1, Jaipur in LCR Case No. 96/2001 by which petitioner’s termination order dated 30.1.1986 has been found to be valid.

2. The grievance of the petitioner is that he was appointed as Driver for one year on probation vide order dated 13.9.1985 and his services were terminated during the period of probation vide impugned order dated 30.1.1986, as the same were not found to be satisfactory and found not dependable.

3. Feeling aggrieved by the order of termination, the petitioner approached the Labour Court on the ground that his termination order was punitive and stigmatic, hence without giving any notice or opportunity of hearing such an order should not have been passed. After hearing both sides, the Labour Court decided the claim against the petitioner by holding that he was on probation and probationer’s service can be terminated if his services are found to be unsatisfactory and no enquiry was required to be conducted as his termination order was neither punitive nor stigmatic.

4. Learned counsel for the petitioner submits that it being a simple termination, no enquiry was re

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