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Probationers Are 'Workmen' Under Industrial Disputes Act; S. 17B Wages Non-Recoverable Even If Termination Upheld: Delhi High Court
['Livelaw News Network']
Supreme Court - High Court - Legal Breaking News | Live Law India
The Central Government Industrial Tribunal had previously found the termination to be unjustified and illegal, directing reinstatement with full backwages.
However, the Single Judge subsequently interfered with the award, holding that the termination was a termination simpliciter.
Crucially, the Single Judge also held that, as the employee was a probationer, she was not a 'workman' within the meaning of the 1947 Act.
While upholding the validity of the termination, the Division Bench set aside the Single Judge's finding regarding the status of a probationer.
The Court clarified that the mere mention of misbehaviour in the termination order does not, in itself, render the termination punitive.