TEJ SHOE FACTORY Vs. PRESIDING OFFICER

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This writ petition by the employer is directed against award dated 19.02.1997 by Presiding Officer, Industrial Tribunal (IV), U.P. Agra in Adjucation Case No.15 of 1988. The matter which was referred to the labour court was as to whether action of petitioner employer terminating the services of its workman respondent No.2, Smt. Lila Devi w.e.f. 28.08.1986 was just and valid or not. The workman contended that she was continuously working from 01.05.1983 till 17.08.1986 and that since 18.08.1986 due to illness she was not going on duty after recovery, she intended to join on 25.08.1986 but she was orally told that she was no more required to work. The case of the employer petitioner was that since 18.08.1986 respondent No.2 was absent unauthorisedly and that her behaviour was unruly, she abused and threatened and levelled indecent charges against the managed and even though she was required to join the duties, however she failed to do so and her services were terminated on 29.09.1986.

(3.) Admittedly, no retrenchment compensation was paid to respondent No.2 and no inquiry was held. Regarding inquiry the employer pleaded that holding inquiry would have been detrimental as it would have resulted in indecent charges by the respondent No.2 against the Manager. Labour Court held that the employer continuously wrote to respondent No.2 to join but she did not come on work. Ultimately, termination was held illegal on the ground that no retrenchment compensation as directed to be paid by Section 6-N of U.P. Industrial Disputes Act had been paid. Accordingly, reinstatement with full back wages was directed.