STATE OF CHHATTISGARH Vs. RANJANA YADAV

JUDGEMENT

(1.) Challenge in the present writ petition is to the award dated 28.2.2011 passed in Case No. 8/I.D.Act/2008(Ref.) whereby the Labour Court, Korba has allowed the case of the respondent-employee and granted her the relief of reinstatement without back-wages.

(2.) The case of the respondent-employee before the Labour Court was that she had been initially engaged by the petitioners' establishment on 1.6.1990 on the post of Copyist and she was working under petitioner no.2. She continued on the said post without interruption till 1.4.1995 on which date her services without any order in writing were terminated/discontinued.

(3.) Case of the respondent-employee before the Labour Court was that she had put in service for about 5 years and as such she had attained the status of a permanent employee. Therefore, the petitioners before discontinuing her services ought to have followed the mandatory provisions of the Industrial Disputes Act, more particularly should have granted compensation as is envisaged under Section 25-F of the Industrial Disputes Act. Thus, she had sought for declaring her termination to be bad in law and for reinstatement with all consequential benefits.