KAMALA Vs. MANAGEMENT OF YEMMEGUNDIE ESTATE

JUDGEMENT

(1.) IN this Writ Petition the petitioner Kamala seeks to set aside the award of the Labour Court dated September 28, 1995 rejecting the reference and holding that the management is justified in deciding the services of the 5 petitioner Kamala from September 6, 1982.

(2.) THE petitioner was employed by the management and her services were terminated with effect from September 6, 1982. She claimed that she had put in service of 27 years; a quarter was provided to her husband Kunjanna Maistry and she was asked to vacate the said quarter after the demise of her husband. Earlier her husband was dismissed and that dismissal was pending enquiry before the Labour Court in particular the vacation of the quarter during the pendency of the dispute was assailed. It is claimed that the petitioner was pressurised by the first respondent to withdraw the dispute. But the petitioner did not agree for the same. An industrial dispute was 20 raised and the dispute was referred to by the order dated December 21, 1982 by raising the following points: 1) Is the Management justified in discharging Smt. Kamala from service with effect from September 6, 1982? 2) If not to what relief the workman is entitled to?

(3.) ONE witness was examined by the management and the petitioner examined herself. The correspondence between the parties were marked as exhibits. Though there was a change in the management of estate and the present management took over the petitioner and her husband continued to live in the quarter given to them by the previous management. The petitioners husband 5 Kunjana Maistry was dismissed from service on September 26, 1974 along with four others. That dismissal also was the subject matter of the dispute referred to the Labour Court by order dated October 14, 1980. It was taken in idr No. 33/95, but in the mean time the said kunjana Maistry died on August 19, 1978. However, the dispute continued and the Labour court held that termination of Kunjana Maistry is wrongful and the legal representatives would be entitled to certain benefits.