MEDHASAN GRAM PANCHAYAT Vs. PANDYA KANCHANBEN SHANKERLAL

JUDGEMENT

(1.) Civil Application is filed by the Respondent. This Civil Application and the main petition are heard together and they being disposed of by this common judgment.

(2.) Medhasan Gram Panchayat has filed the main petition to challenge the award passed by the Labour Court, Ahmedabad in Reference No. 992 of 1993 and the order passed in Misc. Application No. 22 of 1995 in Reference No. 992/1993 whereas the Civil Application No. 1391 of 1998 is filed by Respondent Kanchanben Shankarlal Pandya seeking the vacation of the stay order and to award wages under Sec. 17 B of the Industrial Disputes Act, 1947.

(3.) Respondent Kanchanben Shankarlal was working as a Head-mistress in the Bal Mandir run by the petitioner Gram Panchayat since 1.2.1977. The respondent had sent an application seeking leave from 1.7.1992 to 30.12.1992 and did not attend her duty though there was no sanction of leave sought. But even after 30.12.1992, she did not resume her duty. Then on 4.8.1992 a show cause notice was issued to her as to why her service should not be terminated. Thereafter on 30.9.1992 the Gram Panchayat passed a resolution terminating her services. Thereafter the respondent Kanchanben approached but she was not taken on her job. She thereafter raised an industrial dispute. Hence the reference No.992/1993 was referred to the Labour Court at Ahmedabad.