MALLIKABEN JESINGBHAI SOLANKI Vs. SURAT MUNICIPAL COMMISSIONER

JUDGEMENT

(1.) Heard learned advocate Mr. Bhuvnesh Gehlot for Mr. N. K. Majmudar for the petitioner.

(2.) By way of this petition, which is filed under Articles 226 and 227 of the Constitution of India, petitioner has challenged the award dated 28.02.2019 passed by the Presiding Officer, Labour Court, Surat, in Reference No. (T) 164 of 2008. It is also prayed that the respondent be directed to make the payment of wages and other consequential benefits for the period in question with interest.

(3.) It is submitted that the petitioner was appointed as sweeper / safai kamdar on permanent sanctioned post under Surat Municipal Corporation. Petitioner was also placed in regular pay ?scale prescribed for the post of Class ?IV. Petitioner completed 11 years of service, however, because of the reasons beyond the control of the petitioner, petitioner had remained on leave with effect from 01.12.2005. When the petitioner had gone to resume her duties on 27.07.2006, she was not permitted to resume her duties. Thereafter, inquiry was conducted and order dated 01.11.2007 came to be passed by which the petitioner came to be dismissed from service. Petitioner had, thereafter, raised the dispute and challenged the order of dismissal. The dispute was referred to the Labour Court, Surat. The statement of claim was submitted by the petitioner. Both the parties led oral as well as documentary evidence and thereafter the Labour Court passed impugned award by which the reference was dismissed.