SINGER INDIA LTD Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition along with Writ Petition No. 4262 of 2003 was heard at length and dismissed on 21.1.2003. Due to paucity of time, the reasons could not be dictated in Court. The detailed reasons for which no interference is required to be made in the matter, are given as below.

(2.) Km. Madhu Chauhan, Respondent No. 3 in Writ: Petition No. 12360 of 2001, was engaged as lady demonstrator by M/s. Singer India Limited at its Shop No. 2, Rajendra Market, Agra on 9.3.1995. She was required to give information of the various sewing machines, including 'fashion maker', to the customers and to train them for operating the machine. She was also required to sell the machines prepare cash memos maintain hire purchase accounts and prepare various other documents, as required by the company; and to carry out other works according to the directions of the Manager of the shop. She was made permanent on 1.9.1995 and that on 1.5.1995, she was designated as sales representative. Her services were engaged at the rate of Rs. 450/- per month and that she was made entitled to commission on the sales. It was alleged by her that when she demanded minimum wages for the clerical nature of work performed by her, she was ill treated and was not paid the commission on sales with effect from November, 1997. The petitioner terminated her services on 13.1.1998, without following the mandatory provisions as pre-condition of retrenchment.

(3.) The Additional Labour Commissioner, Agra by his order dated 12.4.1999 referred an industrial dispute Under Section 4-K of the U.P. Industrial Disputes Act, 1947 to the Labour Court, UP., Agra to adjudicate with regard to the validity of the termination of her services dated 13.1.1998, and for consequential relief.