BHARAT HEAVY ELECTRICALS LTD Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Sri V. K. Kohli, the learned senior counsel assisted by Sri P. C. Pandey, the learned counsel for the petitioner and Sri Sharad Sharma, the learned senior counsel assisted by Sri A. S. Bisht, the learned counsel for the respondent no.3.

(2.) The petitioner is the public sector company and has assailed the validity and legality of the award passed by the Labour Court, Haldwani by which the labour court has held that the order of termination dated 05th August, 1999 was illegal and accordingly reinstated the respondent no.3 with continuity of service with 25% of backwages.

(3.) The brief facts leading to the filing of the writ petition is that the husband of respondent no.3 was a permanent employee in Bharat Heavy Electricals Limited and was working as a Driver and died in harness on 01.03.1998 leaving behind his widow respondent no.3 and three minor children. Since the family was in penurious condition, the respondent no.3 applied for appointment on compassionate grounds under the relevant dying in harness scheme. It is alleged that since there was no vacancy in the permanent establishment, the petitioner appointed the respondent no.3 on petty works on a contract basis for the manufacture of Solar Lanterns and, in this manner, the petitioner through various work orders allowed the respondent no.3 to work from 24th April, 1998 to 05th August, 1999 and thereafter did not extend the work period.