HINDALCO INDUSTRIES LIMITED Vs. SUMAN LATA TUTEJA

JUDGEMENT

(1.) The Petitioner, Hindalco Industries Limited ('HIL') seeks quashing of an order dated 25 th November 1999 passed by the Labour Court and an Award dated 22 nd March 2000 issued by the Lt. Governor, National Capital Territory of Delhi publishing the Award in ID No. 282 of 1987. By the impugned Award, the Labour Court held that the termination of the Respondent workman was illegal and directed her reinstatement with continuity of service and full back wages. Factual background

(2.) Respondent No. 1 was appointed as a stenographer in the Petitioner company on 16 th July 1974 at New Delhi. Her appointment letter stated that she would be liable to transfer anywhere in India. It is stated that she continued working at the Head Office ('HO') at Vandana Building, Tolstoy Marg, New Delhi till 1 st July 1978 when she was transferred from the post of stenographer to that of a receptionist-cumtelephone Operator on her request.

(3.) HIL has a Staff House (SH) at 69, Ring Road, Lajpat Nagar-III, New Delhi. It is stated that there was a requirement of a receptionist-cum-telephone operator in the SH and accordingly Respondent No. 1 was transferred there by a letter dated 13 th February 1986. Since she was on leave, the transfer order was sent to her by registered post. It is stated that she was sent subsequent reminders which were served upon her either by U. P. C. (under postal certificate) or by hand. On the other hand, Respondent No. 1 sought extension of leave till 28 th February 1986 which was granted by HIL. According to HIL, despite repeated reminders, Respondent No. 1 did not join at the SH and reported at the HO at Tolstoy Marg, New Delhi. It is stated that under cover of letter dated 3 rd March 1986, she was advised to report for duty at the SH.