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TMI Blog1965 (10) TMI 82X X X X Extracts X X X X X X X X Extracts X X X X ..... Patnaik took her degree in Master of Arts (Political in 1961. At that time, Major General Pratap Narain was the General Manager of Utkal Machinery Ltd. (hereinafter referred to as the 'Management.'). On December 9, 1961 Major General Pratap Narain appointed the respondent as his Secretary on a monthly salary of ₹ 400. She thereafter transferred to the Personnel Department of the 'Company As' an Assistant. It appears that Shri A. L. Sarin joined as Personnel Officer on January 2, 1962. The respondent alleges that on April 30, 1962 she was given notice for termination of her service. On her representation she was informed on May 30, 1962 that the decision of the management to dispense with her service was final. The alle ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ess the work of the respondent during the period of probation and to terminate her services on the ground of unsatisfactory work. The Labour Court did not accept the contention of the management and held that there was no probationary period fixed for the respondent and the termination of her services by the management was mala fide, illegal and unjustified and the management should pay to the respondent a sum of Rs., 9,600 as compensation in lieu of her reinstatement. The first question pressed on behalf of the appellant is that the Labour Court was wrong in rejecting the contention of the management that the respondent was appointed to serve for a period of 6 months on probation upto June 9, 1962. Learned Counsel on behalf of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the respondent was appointed on December 9, 1961 on probation for a period of 6 months and it was stipulated in the contract that during the probationary period the services of the respondent could be terminated without notice and without assigning any reason. In other words, the management had the contractual right to terminate the services of the respondent without assigning any reason therefor. But if the validity of the termination is challenged in an industrial adjudication, it would be competent to the Industrial Tribunal to enquire whether the order of termination has been effected in the bona fide exercise of its power conferred by the contract. If the discharge of the employee, has been ordered by the management in bona fide exerc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eated as misconduct and when the respondent was discharged according to the management for unsatisfactory work it should be taken that her discharge was tantamount to punishment for an alleged misconduct. if this conclusion is correct the management was not justified in discharging the respondent from service without holding a proper enquiry. Even before the Labour Court there was no evidence adduced on behalf of the management to show that the work of the respondent was unsatisfactory. Two witnesses were examined on behalf of the management but neither uttered a word about it. Neither the Deputy General Manager nor the Joint General Manager was examined in support of the allegation. There was -also no document produced on behalf of the man ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lady Secretary before she entered the service of Assam Oil Co. in October 1954. It is also important to notice that the amount of compensation in that case, Was fixed on a concession of the Solicitor-General who appeared on behalf of the Assam Oil CO. In the present Case, the respondent did not give up any previous job in order to take service under the appellant. She had worked for a period of about 5 months with the appellant. Her appointment with the appellant was somewhat unusual because it was made on the recommendation of Sri B. Patnaik, the.. then Chief Minister of Orissa. There are no special circumstances for 'awarding compensation to two years' salary. Having regard to these considerations we are of opinion that the amoun ..... X X X X Extracts X X X X X X X X Extracts X X X X
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