K CHANDRIKA Vs. INDIAN REDCROSS SOCIETY

JUDGEMENT

(1.) The petitioner in this case was appointed by the Indian Red Cross as a lower division clerk by an order dated 19th November, 1979 in the pay scale of Rs. 260-6-290-EB-6-326-8-366-EB-8-390-10-400. Her letter of appointment contained the following stipulation: "The post is temporary at present but is likely to continue. Her services are therefore terminable without notice and without assigning any reason."

(2.) On 28th April, 1980 the petitioner applied for maternity leave. In the application, at serial No. 11 she gave as her address during the leave period: 3/90, Ramesh Nagar, New Delhi. This leave application of the petitioner, which was in the proper format, was also exhibited before the industrial adjudicator as Exhibit WW1/1.

(3.) The petitioner has contended that her leave was duly sanctioned and she proceeded thereon. The duration of the leave was three months. While on leave, the petitioner was surprised to receive a communication dated 7th July, 1980 from the respondents wherein it was stated that her services stood terminated with effect from the afternoon of 3rd May, 1980 and that an intimation in this effect had been sent to her vide a memorandum dated 3rd May, 1980. The respondent had also stated that this letter of 3rd May, 1980 had been posted by them to the address given by her in her typing test and joining report. A copy of the memorandum was enclosed therewith. The memorandum dated 3rd May, 1980 which was enclosed with this letter stated thus: