MANJULABEN DHIRAJLAL JOSHI Vs. KODINAR MUNICIPALITY

JUDGEMENT

(1.) By way of present petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs :

(2.) The brief facts giving rise to the present petition are that, the petitioner was working with Kodinar Municipality and her services came to be terminated and therefore, the petitioner raised industrial dispute which was decided on 27/12/2000, directing the respondent to reinstate the petitioner and keep her for 5 years on temporary basis and on completion of 5 years, the petitioner be made permanent and granted consequential benefits. It is the case of the petitioner that this Award of the Labour Court was challenged by the respondent Municipality by filing Special Civil Application No.2894 of 2000 before this Court and the petitioner had also filed Special Civil Application No.11098 of 2003. Both the petitions were jointly heard by this Court and vide orders dtd. 30/8/2005 and 5/9/2005, both the petitions were allowed by this Court holding that it was found that since the order was passed without giving an opportunity for showing cause or hearing the petitioner, the same cannot be sustained, however, the Court also kept option open for the employer to take disciplinary action. That, in the present case, neither of these two opportunities provided by the Court have been availed of, admittedly, no disciplinary action was taken against the petitioner before passing the order dtd. 13/9/2004.

(3.) Heard learned advocate Mr.T.R. Mishra, appearing on behalf of the petitioner, learned advocate Mr.Amar Mithani, appearing on behalf of the respondent - Kodinar Municipality and learned Assistant Government Pleader Mr.Jay Trivedi, appearing on behalf of the respondent no.2.