REETA PANDEY Vs. INDUSTRIAL TRIBUNALIII

JUDGEMENT

(1.) Heard Sri K.P. Agarwal, learned Senior Advocate assisted by Ms. Mahima Maurya, learned Counsel for the petition and Learned Standing Counsel appearing on behalf of the respondent No. 1. No one is present on behalf of respondent No. 2.

(2.) This writ petition has been filed by the petitioner challenging the impugned award dated 31.1.2000 (Annexure No. 1 to the writ petition) passed by the respondent No. 1-Industrial Tribunal (III) U.P. Kanpur holding that the termination of the service of the petitioner-workman as absolutely valid and legal, she was not entitled to any relief or compensation.

(3.) The facts of the case in brief are that the petitioner was in the employment of the respondent No. 2-U.P. Small Industries Corporation Limited, Industrial Estate, Kanpur since 14.1.1988 and had been placed in the regular pay scale on 5.7.1988. She worked with the respondent No. 2 continuously during the period 1988 to 1995 and was retrenched from service by the respondent No. 2 vide its order dated 23.12.1995 without compliance of the provisions of Section 6-N of the U.P. Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act'). A dispute was raised before the State Government and thereupon a reference was made by the State Government to the respondent No. 1 Under Section 4-K of the Act to the effect that whether disengagement/ cessation from the employment of Smt. Reeta Pandey w.e.f. 23.12.1995 was proper and legal and, if so, to what relief and from what date and to what other consequential benefits, the workman was entitled to. On this reference an adjudication case No. 45 of 1999 was registered before the respondent No. 1.