UPTRON INDIA LIMITED Vs. SHAMMI BHAN

JUDGEMENT

(1.) Respondent 1 was appointed as an Operator (Trainee) on 13-5-1980 in the petitioner's establishment. On completion of training, she was absorbed on that post with effect from 13-7-1981 and was confirmed on 13-7-1982. She thus acquired the status of a permanent employee.

(2.) With effect from 7th of November, 1984, respondent 1 proceeded, and remained till 29th January, 1985, on maternity leave. Thereafter, she allegedly remained absent with effect from 31-1-1985 to 12-4-1985 without any application for leave and consequently, by order dated 12th April, 1985, the petitioner informed respondent 1 that her services stood automatically terminated in terms of Clause (17)(g) of the Certified Standing Orders. Respondent 1 raised an Industrial Dispute and made a prayer to the State Government in 1985 that her case may be referred to the Industrial Tribunal for adjudication. Her application, filed before the Deputy Labour Commissioner, Lucknow, was registered as C.B. Case No. 310-1985. The State Government, by its order dated 18-7-1990, referred the following question for adjudication to the Industrial Tribunal, Lucknow:

(3.) The Tribunal, by its Award dated 21st July, 1992, held that the termination of services of respondent 1 amounted to "Retrenchment" within the meaning of Section 2(oo) of the Industrial Disputes Act and since all other legal requirements had not been followed, the termination was bad and consequently she was entitled to reinstatement as also fifty per cent of back wages from the date of termination till reinstatement.