KANCHANBEN SHANKERLAL PANDYA Vs. MEDHASAN GRAM PANCHAYAT

JUDGEMENT

(1.) By this writapplication under Article 226 of the Constitution of India, the writapplicant, a former employee of the Medhasan Gram Panchayat, has prayed for the following reliefs:

(2.) The writapplicant, after a due process of law, was appointed on 1.2.1977 as a Headmistress in the Bal Mandir run by the Gram Panchayat. The writ applicant preferred an application seeking leave from 1.7.1992 to 30.12.1992. She absented herself although there was no sanction of the leave sought. It appears that even after 30.12.1992, she did not resume her duty. Therefore, a show cause notice was issued to her by the Panchayat as to why her service should not be terminated. Thereafter, the Gram Panchayat passed a resolution terminating her services. On her services being terminated, she approached the Labour Court at Ahmedabad by Reference (LCA) No. 992 of 1993. The Labour Court, by its award dated 5th August, 1993, allowed the reference and ordered reinstatement of the writapplicant herein in service with backwages and continuity.

(3.) The Panchayat, being dissatisfied with the award passed by the Labour Court, preferred SCA No. 1132 of 1995. The said application came to be rejected by an order dated 22.3.1995, which reads as under: