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2006 Supreme(All) 3142

PANKAJ MITHAL
R. P. GARG. – Appellant
Versus
INDIAN OIL CORPORATION LTD. , NEW DELHI – Respondent


Advocates appeared:
A.S. Diwakar, V.K. Agrawal, I.M. Kushwaha, Rahul Sahai, H.P. Pandey and V.K. Verman for the Petitioner; V.R. Agrawal and Vivek Ratan for the Respondents.

JUDGMENT

Hon’ble Pankaj Mithal, J.—The petitioner was appointed as Electrician Gr. Ill with Indian Oil Corporation Ltd. vide letter of appointment dated 21.4.1986. The said appointment of the petitioner was on probation. According to the appointment letter the probation was for a period of six months from the date of joining and was liable to be extended or reduced. However, condition No. 3 of the appointment letter stated that the petitioner was not liable to be treated as confirmed, unless a letter of confirmation to that effect is issued. The petitioner alleges that he had worked satisfactorily and he had completed the probation period which was never extended. Under the Model Standing Orders framed under the Industrial Employment Standing Orders Act, which are applicable, the maximum period of probation provided is one year and on completion of the said period of probation, the services of the petitioner were deemed to be automatically confirmed. These Model Standing Orders being statutory in nature supersedes the terms and conditions contained in the letter of the appointment. Therefore, the petitioner stood confirmed after he had put in over one year of service. However, his s











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