VISION 23 GARMENTS PVT LTD Vs. RAJESH DEVI

JUDGEMENT

(1.) -Heard Shri V. K. Mishra, learned counsel for petitioner and Ms. Bushra Mariyam for Smt. Rajesh Devi-respondent No. 1.

(2.) SMT. Rajesh Devi-respondent No. 1 was employed by M/s. Vision 23 Garment Private Limited NOIDA, District Gautam Budh Nagar as an Operator. Her services were terminated on 21.2.1995 giving rise to an industrial dispute, which was referred on 16.9.1998 to the Labour Court (2), U. P., Ghaziabad and was registered as Adjudication Case No. 514/1998. In the ex parte award dated 16.10.2003, the labour court found the service of summons on the employer to be sufficient and observed that inspite of several opportunities the employer did not file their written statement. Thereafter the labour court found that the respondent workman was appointed as an operator on 8.12.1993 on permanent basis and that her services were terminated by oral order on 21.2.1995. She had completed 240 days and was not paid salary and over time from 1.2.1995 to 20.3.1995. She was not given any notice pay, and retrenchment compensation at the time of termination of her services. The labour court relied upon the affidavit of the workman, which was not controverted and awarded while declaring the termination of her services to be improper and illegal and directed her reinstatement with full back wages.

(3.) AFTER hearing both the parties, the labour court, by its order dated 23.2.2007, dismissed the application for recalling ex parte order giving rise to this writ petition. The labour court found that the summons sent by the labour court were served upon the employer but they did not appear. In order to enforce the award the officer of the labour department visited the office of the company on 19.5.2004 and informed them with the award. The summons were again issued in proceeding under Section 6H (1) on 30.1.2006 and thereafter by speed post on 15.2.2006 in response to which two directors of the employer appeared. The recall application, however, was filed with seven months delay for which no sufficient ground is available on record.