VNITHA W/O SANTOSH KUMAR Vs. THE STATE OF KARNATAKA DEPARTMENT OF JAVALI (TEXTILE) M S BUILDING, BANGALORE BY ITS SECRETARY, THE CHIEF ADMINISTRATIVE OFFICER KARNATAKA STATE KHADI AND VILLAGE INDUSTRIAL BOARD, NO. 10 JASMA BAVAN ROAD, BANGALORE

JUDGEMENT

(1.) PETITIONER has questioned the award dated 7th February 2011 in reference No. 10/2008 on the file of the Labour Court, Hubli. The petitioner sought for reference of a dispute under Section 10(1)(C) of the Industrial Disputes Act, 1947, (hereinafter referred to as the Act) against the termination of her service with effect from 31st December 1994.

(2.) THE petitioner claimed that she was working as a Typist on daily wages basis from 01.07.1992 and she worked continuously up to 30th December 1994. As such, she completed continuous service of 240 days in a year. Her termination is violative of the provisions of Section 25 -F of the Act. Before the Labour Court, the petitioner got herself examined as WW.1 and she produced Exs. W1 to W16. Amongst Exs. W.1 to W.16, Exs. W.4 and Ws. 5 to 14 are the documents, which are sought to be relied on to show that the petitioner had worked for a period of 240 days in a year as W.4 shows that the petitioner was employed as a Typist on daily wages basis from July 1993 to January 1995. MW. 1 examined on behalf of the respondent also admitted that the petitioner had worked up to 30th December 1994. Relying on these documents, the Labour Court held that the petitioner had completed 240 days in a year. However, it held that the petitioner is not entitled for reinstatement as the reference is sought after a lapse of more than eight years from the date of termination. Accordingly, in lieu of reinstatement, it has awarded compensation of Rs. 30,000/ - to the petitioner. Unsatisfied with the same, the petitioner is before this Court.

(3.) ACCORDINGLY , the writ petition is dismissed.