JAYANTHI S Vs. P O LABOUR COURT

JUDGEMENT

(1.) The writ-petitioner aggrieved by what was alleged to be retrenchment, raised an industrial dispute seeking an award for reinstatement with full back wages, continuity of service and all other benefits. The Tribunal rejected that claim and therefore, this writ petition has been filed.

(2.) Learned counsel for the petitioner would submit that if the award was to be upheld, it would amount to exploitation of labour and the contract between workman such as the petitioner and the management will necessarily be one sided and therefore, the petitioner had no option, but to sign on the dotted lines of the contract. Therefore, the fact that she had submitted to being engaged as an advance trainee for just a period of one year will not deprive her of her legal rights as a workman under Section 2(s) of the Industrial Disputes Act.

(3.) The learned counsel relied on the following decisions: