KRISHNABEN MATHURAS NIRMAVAT Vs. PRESIDENT/PRINCIPAL, SHRI GIRDHARLAL BHAURBHAI DHANAK LOK KALYAN TRUST

JUDGEMENT

(1.) All these petitions arise out of a common set of facts and issues and are decided by this common judgment.

(2.) Krishnaben Nirmavat-the respondent no. 3 in Special Civil Application No. 17898 of 2016 was appointed as a sweeper on 1/12/1991 at the J.C. Dhanak Arts and Commerce College, Bagasara, an institution run by the petitioners of Special Civil Application No. 17898 of 2016. Her appointment was approved by the Commissioner of Higher Education on 3/3/1992. She worked upto 6/2/2002. On 7/2/2002, her services were terminated. Krishnaben Nirmavat therefore raised an industrial dispute and approached the Labour Court by filing Reference LC No. 10 of 2007. Pending the reference, it appears that a settlement was arrived at between the employee Krishnaben Nirmavat and the management on 29/9/2002. The compromise pursis is on record of Special Civil Application No. 17898 of 2016.

(3.) Mr. M.B. Parikh learned counsel for the petitioner drawing the attention of the Court to the settlement pursis which indicates that pursuant to the compromise entered into between the employee and the management, Krishnaben Nirmavat was taken in service with effect from 1/10/2010 on she giving up her right for back-wages for the period from the date of termination till her reinstatement would submit that on that very day, the Labour Court recorded the compromise below Exh. 42 and disposed of the reference in terms of the compromise. Approximately two months thereafter the management approached the Commissioner of Higher Education, informing them of the compromise that was entered into and requested the State Authorities that the reappointment of the employee be approved.