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1981 Supreme(All) 991

HARI SWARUP, T. S. MISRA
Rajendra Singh – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates appeared:
Sri K.P. Agarwal, Advocate, for the Petitioner; Sri R.N. Trivedi, Advocate, for the Respondents

JUDGMENT

T.S. Misra, J. - Rajendra Singh, the petitioner, was an employee of Scooters India, Ltd. He was appointed as assistant supervisor on a consolidated salary of Rs. 600 per month which was inclusive of all allowances. The terms and conditions, under which he was appointed were stated in the letter of appointment, dated 7 March 1975, a copy of which is annexure C 1 to the counter-affidavit. He was placed on probation for a period of six months with effect from the date of joining his duties. That letter also enumerated the duties of his post. Paragraph 15 of that letter is relevant for our enquiry which is extracted hereinbelow.

"The duties of your post shall also include the following:

(a) Fully responsible for proper upkeep and cleanliness of machinery, tools, equipments and working place under your charge.

(b) Setting of job on different machines under your charge.

(c) Working with your own hands on the machine/ machines attached to you.

(d) Ensuring regulgar flow/availability of components and tools, etc., for completing the production norms laid down by the management for your machine/machines under your charge and maintain the laid down quality standards.

(e) Any other job as

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