A F FERGUSON AND CO Vs. PRESIDING OFFICER

JUDGEMENT

(1.) By this writ petition, the petitioner has challenged the validity of award dated 22.10.2001 passed by Labour Court III, Karkardooma, Delhi whereby the Labour Court held that the termination of the respondent no. 2 by the petitioner was illegal and directed the petitioner to pay a compensation of Rs.5 lacs in lieu of the reinstatement and full back wages.

(2.) Briefly, the facts are that the respondent was working with the petitioner firm as Executive Secretary since 12.11.1986. Her services were terminated w.e.f. 10.3.1992 vide letter dated 17.2.1992. She made a representation to the management vide letter dated 28.2.1992 and 20.3.1992. The management revoked the earlier letter of termination and extended her services upto 31.3.1992. Finally, her services were terminated w.e.f. 1.4.1992 vide letter dated 31.3.1992. The respondent raised an industrial dispute alleging that her termination was illegal and the same was referred to the Labour Court in following terms:

(3.) It is undisputed that the designation of the respondent was Executive Secretary and she was attached to Mr. Ashok Behl, Director Management (hereinafter called the Director). The respondent claimed that nature of her duties was to take shorthand dictation notes, typing those notes on electronic typewriter or computer, handling of correspondence, fixing of appointments of the Director, doing filing work, handling petty cash and operating PABX board. She was a 'workman' within the definition of Section 2(s) and her designation was a misnomer. The petitioner claimed that the respondent's responsibility included distribution of client enquiries and letters amongst the various professional staff. She used to fix schedule and allocate Director's time to candidates, who were to be interviewed by the Director. She had a discretion to change the time and venue of interviews. She was responsible for checking professional qualifications as well as testimonials of the candidates. She used to ensure medical examination and completion of other formalities of the candidates. She used to interact with Head Office of the management located in Bombay and in addition use used to appoint part-time employee such as typists after conducting typing test. She was also responsible for ensuring preparation and submission of reports within time.