LAWS(DLH)-2019-8-201

REENA PATHAK Vs. UNION OF INDIA

Decided On August 27, 2019
Reena Pathak Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The present petition under Article 226/227 of the Constitution of India assails the award dated 30.11.2017 passed by the Central Government Industrial Tribunal, Dwarka Complex (hereinafter "the Tribunal") in ID No.33/2017. The Tribunal has, on account of the petitioner's failure to file any claim, passed the impugned award by holding that it was a case of no dispute.

(2.) The petitioner having joined the respondent No.2-school on 01.11.2006 as a sweeper on contractual basis continued in the said capacity till 01.11.2012. Claiming that her services had been illegally terminated, the petitioner raised an industrial dispute on which a reference to the Tribunal was made by the respondent no.1 on 10.08.2017 in the following terms:-

(3.) Upon receiving the reference, the Tribunal vide its order dated 01.09.2017 directed issuance of notice to the parties for 13.10.2017. On the said date, none appeared for the petitioner/claimant and the Tribunal, therefore, adjourned the matter to 30.11.2017. On the said date the Tribunal, upon finding that neither had the petitioner/claimant filed any claim nor was anyone appearing on her behalf, passed the impugned award holding it to be a case of "No Dispute/Claim".