MCD Vs. MITHILESH

JUDGEMENT

(1.) RULE. WITH the consent of the parties, the matter is taken up for final disposal.

(2.) THE petitioner has impugned the award dated 1st December, 2004 passed by the Industrial Tribunal reinstating the respondent, Smt. Mithilesh, now deceased, with effect from 18th November, 2002 and granting back wages from 15th May, 1998 to 23rd February, 2000 and from 17th March, 2000 to 18th November, 2002.

(3.) THE petitioner has impugned the award on the ground that the workman/respondent had left the work on her own and, therefore, she is not entitled for back wages. It is also contended that the application for maternity leave of the respondent dated 15th May, 1998 was rejected and, therefore, the respondent ought to have remained on her duty whereas the respondent continued to remain absent unlawfully.