RADHA Vs. FOOD AND CIVIL SUPPLIES DEPARTMENT

JUDGEMENT

(1.) The petitioner Smt. Radha Devi vide the present petition seeks the setting aside of the impugned award dated 5.3.2015 of the Presiding Officer Labour Court-XVII, Karkardooma, Delhi in DID No.56/10, Unique ID No.02402C0149092010 vide which whilst holding that the respondent had not been able to prove that the petitioner's services with the respondent, i.e., the Food & Civil Supplies Department, which were availed of by the respondent were on contractual basis for a limited period and that the respondent fell within the ambit of "Industry" in terms of Section 2(j) of the Industrial Disputes Act, 1947 and implicitly thus held that the termination of services of the petitioner on 31.12.2009 by the respondent were illegal, however did not grant reinstatement with full back wages and in lieu of the same granted a lumpsum compensation of Rs. 60,000/- with directions to the Management, i.e., the respondent herein to pay the said amount to the work-woman within a month from the date of publication of the award dated 5.3.2015 failing which the petitioner would be liable to be paid interest @ 12% per annum from the date of the award, i.e., 5.3.2015, till realization, and the petitioner thus seeks that the relief of reinstatement, continuity of service and full back wages be granted to her apart from the costs of the petition.

(2.) Notice of the petition was issued to the respondent who put in appearance and the counter affidavit and the written statement on behalf of the respondent were submitted. During the pendency of the present petition vide order dated 7.9.2016, the respondent was directed to pay to the petitioner, the amount of Rs. 60,000/- as awarded by the impugned award without prejudice to her rights and contentions which amount of Rs. 60,000/- has been released for payment through the RTGS mode into the account of the petitioner at the Syndicate Bank, Delhi on 28.9.2016.

(3.) Submissions were made on behalf of either side.