INDRA KUMAR CHOPRA ETC. versus PRADESHIK CO. OPERATIVE DAIRY FEDERATION LTD. AND ORS.

INDRA KUMAR CHOPRA ETC. versus PRADESHIK CO. OPERATIVE DAIRY FEDERATION LTD. AND ORS.

The appellant's post was not regular as it had not been in existence for five years; therefore, he was a temporary employee whose services could be validly terminated under Regulation 19(a) of the 1975 Regulations. Status before absorbtion into the new service is irrelevant under the 1984 Rules and Section 122-A of the 1965 Act.

Parties
Appellant: Indra Kumar Chopra; Respondents: Pradeshik Co-operative Dairy Federation Ltd. and Ors.
Jurisdiction
India
Judgment Date
06 August 1992
Procedural Posture
Civil Appeal / Final Judgment on Appeal From Allahabad High Court
Outcome
Appeal dismissed
Legal Topics
Termination of Service, Probation, Confirmation of Employees, Application of Service Regulations
Labour and Employment Administrative Law Cooperative Societies Termination of Service Probation Confirmation of Employees Application of Service Regulations

Case Brief

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Parties

Indra Kumar Chopra

Appellant

Pradeshik Co-operative Dairy Federation Ltd. and Ors.

Respondents

Procedural Posture

Civil Appeal / Final Judgment on Appeal From Allahabad High Court

Legal Issues

  1. 1 Whether the termination of provisionally absorbed employee appointed to a temporary post upon creation of a new service was valid.
  2. 2 Whether the appellant was a permanent employee holding a regular post and entitled to confirmation.
  3. 3 Applicability of the Uttar Pradesh Cooperative Societies Employees Service Regulations, 1975 and Centralised Service Rules, 1984 to the appellant's employment status.

Ratio Decidendi

The appellant's post was not regular as it had not been in existence for five years; therefore, he was a temporary employee whose services could be validly terminated under Regulation 19(a) of the 1975 Regulations. Status before absorbtion into the new service is irrelevant under the 1984 Rules and Section 122-A of the 1965 Act.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; no order as to costs.