SUNITA Vs. STATE OF UTTARAKHAND & ANOTHER

JUDGEMENT

(1.) The husband of the petitioner was appointed as daily wager employee since 1982. He was retrenched on 24.02.1989. He raised the industrial dispute. Learned Labour Court answered the reference in favour of the workman on 20.08.2010. The employer assailed the Award before this Court by filing WPMS No. 2030 of 2011. This Court upheld the Award dated 20.08.2010 vide its judgment dated 28.09.2011.

(2.) The husband of the petitioner submitted an application for his joining on 17.10.2011, however, the same was not accepted. He died on 24.10.2011.

(3.) Thereafter, the petitioner moved an application for compassionate appointment. The case of the petitioner has been primarily rejected on two grounds that the petitioner's husband has not joined his duties, pursuant to the Award dated 20.08.2010 and consequently, he was appointed on temporary basis.