HARSHABEN DALPATSINH RAJPUT Vs. PRESIDENT, NASHABANDHI MANDAL

JUDGEMENT

(1.) The award impugned arise from the Reference (LCA) No. 1781 of 1998, whereby the labour court dismissed the plea of the petitioner.

(2.) The brief facts in capsulized form are as follow:

(3.) This Court has heard the learned advocate Mr. Ajay L. Panday for the petitioner who has urged that the petitioner has only been continued her services by different communications for the period of three years, prior to that the ten years of the services that she had put in made the authority to give her fresh appointment. He further urged that the petitioner was conferred the status of confirmed employee however, the other who were similarly situated had been made permanent. Therefore, the petitioner would only be entitled to the reinstatement in service but also with full back wages. And again since later when her service has been terminated on account of unsatisfactory performance the same would amount to retrenchment.