SARITA TIWARI Vs. AASTHA GARMENTS

JUDGEMENT

(1.) This Petition assails Award, dtd. 14/11/2018 passed by Presiding Officer, Labour Court, Dwarka in LIR No.7886/2016 ("the impugned Award"). The Ld. Labour Court vide the impugned Award has rejected the Petitioner's claim against the Respondent-Management for reinstatement with full Back Wages.

(2.) As per the claim of the Petitioner, she was working with the Respondent-Management since 10/12/2011 at the post of a "checker" and her last drawn Salary was Rs.7,000.00 per month. She had been working with sincerity and diligence, however, no facilities such as bonus, minimum wages, ESI, PF were given to her and she was compelled to work for more than 12 hours per day without being paid overtime. She alleges that on 18/1/2013, when she went to the washroom, the nephew (Rachit) of the Owner of the establishment pushed her inside the washroom and tried to outrage her modesty. But when the Petitioner raised her voice, he fled away. She made a Complaint to the Owner (Mr. Praveen Jain) who, instead of taking any action against his nephew, terminated the services of the Petitioner on the same day and withheld her Salary from November 2012 January 2013. The Petitioner stopped going to work after 18/1/2013.

(3.) On 19/1/2013, she alleges that she received a call from Rachit, asking her to come to the office, but she refused to go. However, upon receiving a call from someone else, she went to the office. Upon reaching there, Rachit tried to misbehave with her again, and the Petitioner had to run to her working place and wait for the Owner. When she disclosed this to the owner, he asked her to go back home and the Petitioner returned home.