VINOD KUMAR AGGARWAL Vs. POONAM MISHRA

JUDGEMENT

(1.) None appears for the respondent despite passover. In these circumstances, the petition is taken up for final hearing.

(2.) The present writ petition filed by one of the partners of the erstwhile M/s. G.S. Apparels (hereinafter referred to as 'the Employer') assails the Award dated 24.11.2014 passed by the learned Labour Court-XIX, Karkardooma Courts, Delhi in LIR No.876/11. Under the impugned Award the learned Labour Court has, after holding that the respondent's termination from service was in violation of Section 25-F of the Industrial Disputes Act, 1947 ('the Act' for short), directed the Employer to pay her a lump sum compensation of Rs.40,000/-.

(3.) Claiming to have been appointed as a Thread Cutter with the Employer in January, 2007, the respondent/workman complaining of having been illegally terminated, raised an industrial dispute on 26.03.2009 challenging her termination from service. Upon a reference being made, the respondent on 22.02.2010 filed her statement of claim before the Labour Court, in response whereto the Employer, on 24.09.2010, filed its written statement. The primary stand taken by the Employer was that the respondent had not completed 240 days of service and, therefore, she could not be stated to be in continuous service in terms of Section 25-B of the Act. It was further claimed that as the respondent had left the services of the Employer of her own accord, the industrial dispute itself was not maintainable. It appears that after filing the written statement, the Employer remained unrepresented before the learned Labour Court and, therefore, the Court by relying on the unrebutted testimony of the respondent, allowed her claim and directed the Employer to pay her a lump sum compensation of Rs.40,000/-.