NEETA KAPLISH Vs. PRESIDING OFFICER LABOUR COURTAND ANOTHER

JUDGEMENT

(1.) Leave granted.

(2.) The appellant was working as a clerk in the Dayanand Medical College and Hospital, Ludhiana. Disciplinary proceedings were initiated against her on the basis of a charge-sheet which was issued to her on 7-10-1986. The charges were denied by the appellant and consequently an enquiry was initiated. One Shri L. C. Boctor, who was an advocate and legal advisor of the Hospital, was appointed as the Enquiry Officer. He submitted his enquiry report on the basis of which the appellant was dismissed from service.

(3.) The appellant raised an industrial dispute in respect of the order of dismissal which was referred to the Labour Court by the State Government by its order dated 17-4-1987. The parties filed their written statements before the Labour Court which came to the conclusion that the enquiry conducted by the Management was not fair and proper and, therefore, by its order dated 21-11-1995, it called upon the Management to produce its evidence on merits. The Management did not lead evidence as directed by the Labour Court but produced only one witness, namely. T. S. Saroj, its Law Officer, and informed the Labour Court that it would rely upon the evidence already recorded during enquiry proceedings. Since the Management did not produce any evidence on merits, the appellant also did not produce any evidence with the result that the Labour Court, by its order dated 1st March, 1996, dismissed the claim of the appellant. A Writ Petition filed thereafter in the Punjab and Haryana High Court by the appellant was also dismissed on 17-2-1997. It is in these circumstances that the appellant has approached this Court.