LAWS(DLH)-2013-8-410

VIDHA LAL Vs. KATHAK KENDRA & ANR.

Decided On August 08, 2013
Vidha Lal Appellant
V/S
Kathak Kendra And Anr. Respondents

JUDGEMENT

(1.) BY this writ petition, petitioner Ms. Vidha Lal seeks quashing of the impugned order dated 31.1.2012 whereby petitioner's services were terminated. It is an undisputed fact that petitioner was a contractual employee. The original contract of employment is dated 4.11.2010. That contract was for a period of one year and which was continued thereafter. Petitioner was a Kathak Dancer. In terms of the contract, petitioner's services could be terminated by three months' notice without assigning any reason and one month's notice in case petitioner is found guilty of an act or omission or mis -conduct during the period of her employment.

(2.) A troupe of dancers was led to Spain by one Smt. Geetanjali Lal and who was mother -in -law of the petitioner. Petitioner was a part of the troupe. During the tour to Valladolid, Spain w.e.f. 11th to 13th Nov. 2011, there were serious allegations against the troupe members, including the petitioner, and, which showed India and Indians in a very poor light. This was so specifically complained by the Ambassador of India to Spain, and which complaint records the following facts: -

(3.) BEFORE me, counsel for the petitioner has argued three points. First point is that the termination of service is illegal because one month's notice is required to be given which was not given. The second argument is that two of the troupe members were again re -engaged but the petitioner has not been re -engaged. The third point is that no opportunity has been given to the petitioner before the contractual services were terminated.