DELHI PUBLIC SCHOOL Vs. MANJU

JUDGEMENT

(1.) By the present petition the Petitioner impugns the award dated 23 rd November, 2007 whereby the termination of the Respondent was held to be illegal, unjustified and in gross violation of principles of natural justice and provisions of Industrial Disputes Act, 1947 (in short ID Act). The relief granted to the Respondent was reinstatement with 75% back wages and all consequential benefits accruing to her during the intervening period.

(2.) Briefly the facts giving rise to the present petition are that the Respondent was appointed as Aya on the basis of a request letter dated 5 th July, 1999 with the Petitioner wherein she stated that she came to know that the Petitioner required a lady to work in the school, she was poor and her husband was unwell who could not go for work and in case she was given a job she would do it willing and happily. It is the case of both the parties that the Respondent worked as Aya with the Petitioner for nearly two years. The Petitioner contends that there is no actual post of Aya in the Petitioner School and the Respondent was employed only on compassionate ground. In January, 2000 the Respondent stopped coming for her duties and thereafter raised an industrial dispute on 12 th December, 2000. A reference was sent to the learned Industrial Adjudicator in the following terms:

(3.) After both the parties adduced their evidence, the learned Tribunal passed the impugned award. The Respondent in support of her employment for the period 1 st March, 1998 till 2 nd February, 2000 has produced the photocopy of the provident fund account for the period 1998-99.