LAKSHMI Vs. THE PRESIDING OFFICER, LABOUR COURT, SALEM

JUDGEMENT

(1.) This writ petition has been filed seeking to quash the award of the Labour Court dated 22.06.2015 passed in I.D.No.17 of 2012 and consequently to direct the second respondent to reinstate the petitioner with the consequential benefits. The brief facts in nutshell:

(2.) The petitioner was initially appointed as a temporary sanitary worker by the second respondent on a consolidated pay of Rs. 750.00 but with usual allowances, on 04.08.1995. The petitioner was regularized in the time scale of pay on 14.01.1999. As the petitioner had to work incessantly without any break that too in the drainage, the petitioner suffered health issues especially had difficulty in breathing. Therefore, she was not able to work continuously and she was not working from 19.07.2006. However, the petitioner applied for medical leave and she had to extend the leave, till she became fit to resume duty, i.e., with effect from 20.11.2008.

(3.) The petitioner, along with the fitness certificate, went and reported for duty, but the second respondent refused to provide duty. Thereafter she submitted a representation on 04.03.2010 through Registered Post. But she was not permitted to join duty. Thereafter, conciliation proceedings were initiated, but the conciliation ended in failure, as the employer did not cooperate for the conciliation. Thereafter, the matter was referred to the Labour Court and the Labour Court has chosen to reject the claim of the petitioner. Challenging the award of the Labour Court, this writ petition has been filed.