JUDGEMENT
VALMIKI J.MEHTA, J. -
(1.)THIS writ petition filed by Mr. Aditya Beri impugns the letter dated 23.4.2012 of the respondent No.1/Air India/employer whereby the services of the petitioner were terminated by a non-stigmatic order during the probation
period. Petitioner was working on probation for a period of one year in terms of
the appointment letter dated 14/20.9.2011 and period of probation was of one
year from 4.8.2011.
(2.)BEFORE me, on behalf of petitioner, the following arguments are addressed:-
(i) If the termination of services of a probationer is on the foundation of enquiry proceedings, then, in such a case the probationary officer cannot be terminated without following the principles of natural justice. Reliance is placed in support of this argument upon the judgment of the Supreme Court in the case of V.P. Ahuja Vs. State of Punjab and Other (2000) 3 SCC 239. Paras 7 to 9 of the said judgment are relied upon. (ii) It is argued that the petitioner's services have been terminated by a stigmatic order because the counter-affidavit which is filed in this Court on behalf of respondents shows that the order in fact becomes stigmatic because reference is made to enquiry conducted of the alleged irregular appointment of the petitioner. (iii) Petitioner as a Pilot is not a workman under the Industrial Disputes Act, 1947 and therefore impugned order is not sustainable because the standing order provision 17(i)(b) of the respondent No.1 which is relied upon in the impugned letter dated 23.4.2012 applies only to a workman.
On behalf of respondents, it is argued that services of a probationary officer can always be terminated by a non-stigmatic order and
since the petitioner's services as a probationary officer have been terminated by
a non-stigmatic order dated 23.4.2012, no challenge can be laid to such an order.
It is also argued that principles of natural justice are not required to be followed
for removal of a probationary officer.
(3.)THE following is the appointment letter of the petitioner in the present case:-
"From: Operations Department Date:14/20.09.2011 Santa Cruz To: Capt Aditya Beri Ref. No.4-15/1415 Staff No.28613 Santa Cruz We are pleased to appoint you as Co-Pilot (First Officer) on your successful completion of training and released to operate on your own on the right hand side, on the following terms and conditions with effect from 04.08.2011:- 1. On your appointment as a Co-Pilot, you will receive the following monthly emoluments in the revised pay scale of:- Rs.15200-275-16300-350-17000-400-19000 Basic Pay : Rs. 15,200/- C.C.A. : As applicable H.R.A. : As applicable Uniform Maint. Allowance : Rs.3,400/- Education Allowance : Rs.350/- Pilot Allowance : Rs.900/- Flying Licence Allowance : Rs.23,000/- RVSM Qualification Allowance : Rs.20,000/- D.A. : As applicable 2. You will be on probation for a period of one year in the grade of Co-Pilot from the date of appointment i.e. 04.08.2011. 3. During probation, your services may be terminated at any time without assigning any reasons thereof by giving 30 days notice in writing or payment in lieu of such notice. On satisfactory completion of probationary period, mentioned in para 2 above, you will be confirmed as a Co-Pilot in the said grade.
4. You will also be eligible for flying/other allowances, if any, as applicable. 5. The Company will make contribution to the Life Insurance Corporation of India towards the Air-India Pilots' Superannuation scheme in accordance with the existing scheme. 6. On confirmation, you shall become member of Air-India Employees' Provident Fund. 7. The Company undertakes to insure you against risk of death or personal injury by accident on a worldwide 24 hours basis, will be applicable as per the terms and conditions stipulated in the Wage Agreement/Rules/Order/Regulations, which are in vogue from time to time.
8. Compensation in case of death of a Pilot or Permanent Disability leading to his/her becoming Permanently Medically Unfit (PMU) while on duty
arising out of acts of terrorism, militancy, sabotage or in war zone, will be
applicable as per the terms of the Wage Agreement under which you are
governed.
9. Your employment will be subject to the applicable rules and regulations of the Company and Establishment Orders and such other Standing Orders
of instructions issued and amended by the Company from time to time.
10. You will be eligible for hotel accommodation, leave, medical benefits etc., as provided for Pilots in the applicable Rules and Regulations
and Establishment Orders and such other Regulations and Orders that may
be issued from time to time by the Company.
11. Your entitlement for air passages will be as per the Air-India Employees' Passage Regulations.
12. Loss of Licence will apply to all Pilots, who are permanent employees of the Company, will be as per the Wage
Agreement/order/regulations which are in vogue from time to time.
13. The company is under the process of merger into Air India Ltd. Once the said merger is effected, you shall become an employee of Air India Ltd., on remuneration, terms and conditions of employment as may be decided by the Air India Ltd. As a token of your acceptance of the above terms and conditions of employment, you are requested to sign the enclosed copy of this letter and return the same to us immediately. (Capt. V. Pratap) Jt. General Manager-Ops (Admin)"
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