INDIRA KALI Vs. DIRECTOR, SOCIAL WELFARE

JUDGEMENT

(1.) THE present writ petition has been filed by the petitioner under Article 226 of the Constitution of India praying for a writ of Mandamus setting aside the award dated 29.11.2005 and directing the respondent to reinstate the petitioner w.e.f. 06.05.1996.

(2.) ACCORDING to the petitioner she had been working with the respondent/management from June 1980 to 03.05.1996 and with prior permission of the supervisor concerned she went on leave from 3.05.2006 to 05.05.2006 to attend a marriage of her relative. Three days later when she reported back on duty on 06.05.2006, the supervisor did not take her back on the job and verbally charged her for stealing some biscuits. The petitioner was illegally terminated without any inquiry, any notice, notice pay or compensation. The petitioner made various representations to the respondent but did not receive any response. Therefore she raised a dispute before the conciliation officer on 09.10.1996 but the conciliation proceedings failed and the Secretary Labour referred the matter to the Labour Court on 14.07.1997 for adjudication with following terms of reference:

(3.) AS per respondent, the services of the petitioner were not terminated and in fact she herself stopped coming to Anganwari Centre because she was caught red handed by the Supervisor on 6.5.1996 stealing 10 kg biscuits. It is not in dispute that the petitioner had marked her presence in the attendance register on 6.5.1996. The attendance roll was filed as Annexure 1. The report of the Supervisor regarding the theft was placed as Annexure -2.