SUMAN KUMARI Vs. M/S. BHAGINI NIVEDITA COLLEGE

JUDGEMENT

(1.) By the present petition, the petitioner assails the impugned award dated 14.12.2016 of the Presiding Officer Labour Court-XIX, Karkardooma,Delhi in LIR No.236/16 whereby the reference No. F.24 (122)/13/SWD/Lab./5004-5007 dated 29.05.2013 as received from the Dy. Labour Commissioner, Government of NCT of Delhi to the effect: "Whether services of Sh.(sic) Suman Kumari W/o Sh. Raju have been illegally and/or unjustifiably terminated by the management, and if yes, to what relief is he entitled and what directions are necessary in this respect?" Was answered to the effect that the worklady arrayed as the petitioner herein was not entitled to any relief and her claim was dismissed. Factual Matrix

(2.) The petitioner herein had claimed that she was working with the management of M/s Bhagini Nivedita College arrayed as respondent No.1 to the present petition w.e.f. 8.2.2007 as a Junior Assistant and her last drawn wages were Rs.10,500.00 per month. She further claimed that though she gave no chance of complaint to the management and despite her service record being satisfactory, the management did not provide her legal facilities, i.e., appointment letter, leave book, salary slip, attendance card, earned leaves, casual leaves, bonus, overtime etc. and when she demanded the same, the management terminated her services on 13.12.2010 without giving her any notice or charge sheet and without following the due process of law despite the fact that she had completed 240 days of continuous service and had rendered four years of service continuously with the management.

(3.) The petitioner further submitted that the college had conducted the interview for the post of Lab Assistant for which she was interviewed as she was fully competent and experienced but the management, instead of appointing her, appointed a less experienced and incompetent Lab Assistant in her place. After her termination, which she alleges was done illegally, she filed a complaint in the Labour Office and the Labour Inspector visited the management but the management refused to reinstate her whereupon she served a legal notice dated 9.3.2013 upon the management which was not replied and the reference was then sent to the Labour Court for adjudication. The petitioner claimed that she has been unemployed from the date of her illegal termination and prayed for reinstatement with full back wages and other consequential benefits.