I seek your advice & comments on a Termination case the details of which are as under:
Is it fair for an employer to terminate the services of an employee who has completed 240 days of employment & whose probation period has not been cleared by the employer. the employee has been doing only clerical work though designated as a supervisor. following is the sequence of events
- Acknowledgement from respondent for joining of duties of the Co. : 21.09.1990
- Joining as L-08 (Supervisor) by the respondent : 23.10.1990
- Letter informing the extension of probationary period : 26.11.1991
- Probation period extended till : 22.01.1992
- Termination from services : 18.03.1992
No opportunity was given to the employee by the management to explain the viewpoint on any work related issues. The employee filed the case in the Labour cum Industrial Tribunal court where the court directed the reinstatement with back wages. The labour court held the employee to be a workmen under the ID Act due to the nature of duties being primarily clerical though the appointment of the employee was in the supervisory capacity. the employee has no one under him, could not sanction any one's leave & not acting as a supervisor in any way but under the control of a section manager like other assistants in the concerned section. The Labour court directed the Company to reinstate the employee with back wages in its award on the case.
the employer then filed a CWP with the Punjab & Haryana High court. The high court directed the employer to pay the interim wages (last drawn wages) as on the date of termination. The case is yet to be heard in the High court since then for the past 18 years.
I await your valued reply to the above facts. The employer is a large industrial establishment hiring more than 2500 employees.
