OM PRAKASH MAURYA versus U.P. COOPERATIVE SUGAR FACTORIES FEDERATION, LUCKNOW & ORS.

OM PRAKASH MAURYA versus U.P. COOPERATIVE SUGAR FACTORIES FEDERATION, LUCKNOW & ORS.

Since the appellant's appointment was regulated by the 1975 Regulations, under which probation cannot exceed two years and no further extension is allowed, the appellant was deemed confirmed on expiry of two years of probation and could not be reverted as a probationer. The 1976 Rules did not override the 1975 Regulations for the appellant's cadre.

Parties
Appellant: Om Prakash Maurya; Respondents: U.P. Cooperative Sugar Factories Federation, Lucknow & Ors.
Jurisdiction
India
Judgment Date
09 May 1986
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal From Allahabad High Court in W.p. No. 4899 of 1983
Outcome
Appeal allowed
Legal Topics
Probation and Confirmation of Employees, Conflict of Service Rules, Cooperative Societies Regulation
Service Law Labour Law Probation and Confirmation of Employees Conflict of Service Rules Cooperative Societies Regulation

Case Brief

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Parties

Om Prakash Maurya

Appellant

U.P. Cooperative Sugar Factories Federation, Lucknow & Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal From Allahabad High Court in W.p. No. 4899 of 1983

Legal Issues

  1. 1 Whether the U.P. Cooperative Sugar Factories Federation Service Rules, 1976 override the U.P. Cooperative Societies' Employees Service Regulations 1975
  2. 2 Whether an employee who has completed the statutory maximum period of probation under the 1975 Regulations can be deemed confirmed, thus making his reversion invalid

Ratio Decidendi

Since the appellant's appointment was regulated by the 1975 Regulations, under which probation cannot exceed two years and no further extension is allowed, the appellant was deemed confirmed on expiry of two years of probation and could not be reverted as a probationer. The 1976 Rules did not override the 1975 Regulations for the appellant's cadre.

Court Disposition

Appeal allowed

Orders

  • Order of reversion dated 2.9.1983 is quashed
  • High Court judgment is set aside