AIR 1998 SUPREME COURT 1291 ::1998 AIR SCW 1159 ::1998 LAB. I. C. 1233 ::1998 ALL. L. J. 939 ::1998 (3) ADSC 137 ::1998 ADSC 3 137 ::1998 (1) UJ (SC) 796 ::1998 UJ(SC) 1 796 ::1998 (2) CurLR 160 ::(1998) 78 FacLR 910 ::1998 (3) SCC 321 ::(1998) 1 LabLJ 1209 ::(1998) 2 Scale 224 ::(1998) 2 ServLJ 80 ::(1998) 2 All WC 1342 ::(1999) 94 FJR 103 ::(1998) 3 Lab LN 578 ::(1998) 2 SCJ 54 ::1998 (2) SCT 241 ::(1998) 2 ServLR 174 ::1998 (2) UPLBEC 1117 ::(1998) 3 Supreme 21 ::(1998) 2 JT 354 (SC) ::1998 (2) JT 354

Supreme Court Of India

(From : Allahabad)*

Hon'ble Judge(s): Sujata Manohar, D. P. Wadhwa , JJ

(A) Industrial Disputes Act (14 of 1947) , Sch.II Item.6— Constitution of India , Art.16— Probationer - Deemed confirmation - No time-limit on period up to which probation can be extended - Appointing authority required to issue certificate of having satisfactorily completed probation period - Probationer considered by Corporation as having satisfactorily completed probationary period - Employee shall be deemed to have become a confirmed employee - Moreso, when he was discharged on three months' notice or three months' salary in lieu of notice as per Service Rules relating to discharge of confirmed employee. C.M.W.P. No. 5464 of 1985, D/- 29-4-1997 (All), Reversed. (Para 18 19) (B) Industrial Disputes Act (14 of 1947) , Sch.II Item.3— Constitution of India , Art.14— Discharge of confirmed employee - Natural justice - Service rule requiring that appointing authority may give an opportunity to employee for explaining himself - Word "may" used therein has to be construed as "shall" - Principles of natural justice are to be complied with. Words and Phrases - Word 'may' - Read as 'shall'. (Para 20) (C) Industrial Disputes Act (14 of 19....