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2010 Supreme(Ori) 63

L.MOHAPATRA, B.K.PATEL
Trinath Dash – Appellant
Versus
IDCOL Cement Ltd. – Respondent


Advocates:
For Petitioner:M/s. S.K. Padhi, B.K. Sahoo, S.K. Moha¬patra, G. Mishra & Miss. D. Mohapatra
For Opp. Parties:Addl. Govt. Advocate (For O.P.3)
M/s. R.K. Rath, N.R. Rout (For O.Ps. 1,2,5 & 6)
M/s. G.C.Mohapatra,Manaswini Mohapatra, P.Samal & Miss. S. Panda (For O.P. 4)

JUDGMENT

L. MOHAPATRA, J. — The petitioner in this writ application questions the legality of the order in Annexure-3 passed by oppo¬site party no.1 terminating his service by order dated 1.7.2002 with immediate effect.

2. The petitioner, who has done Masters in Labour and Social Welfare, had worked in different places in different capacities and in pursuance of an advertisement issued by oppo¬site parties 1 and 2 for filling up of the post of Deputy General Manager (HRD), he submitted his application and was selected by the selection committee for such appointment. By order dated 17.4.1999 (Annexure-1), he was appointed as Deputy General Manager (HRD). He joined the post in the year 1999 and continued as such till the order in Annexure-3 terminating his service was passed on 1.7.2002 in terms of Clause-8 of the appointment letter issued to him on 17.4.1999. It is the case of the petitioner that under Clause-5 of the appointment letter, the petitioner was required to work on probation for a period of one year from the date of joining which could be extended further, if so considered by the management and that he would continue to remain in proba¬tion till the probation is lifted in
















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