VARANASI DEVELOPMENT AUTHORITY Vs. PRESIDING OFFICER, LABOUR COURT

JUDGEMENT

(1.) HEARD Sri Ajeet Kumar Singh, learned Counsel for the petitioner and Sri Devendra Pratap Singh holding brief of Sri B.N. Singh for the respondent workman. This writ petition has been filed by the petitioner being aggrieved by an award of the labour Court dated 11.6.2001 passed in Adjudication Case No. 90 of 1999. The reference reads as hereunder: Kya Sevayojakon dwara apne mahila shramik Shrimati Shail Kumari Devi Patni Shri Amarnath pad survey khalasi ki seyayen dinank 14.1.1999 se samapt kiya jana ucmt tatha/athwa vaidhanik hai? Yadi nahin to vivadit shramik kya hitlabh/anutosh pane ki adhikarini hai evam kin anya vivrano sahit.

(2.) THE facts of the, case are that the respondent -workman, Smt. Shail Kumari Devi was taken into service in the year 1989 under the dying in harness rules as her husband, who was in employment had died. It is recorded in the award that in the year 1991 she was regularised and she was made permanent as a survey Khalasi. In the year 1994 while she was in employment, she complained to some higher authorities about the harassment, which was being meted out to her. The authorities suspended her on 28.8.1998 and set up a domestic enquiry against her, she was given a show cause notice on 14.12.1998 and before she could give her reply to the show cause notice her services were terminated on 14.1.1999. The workman was given a charge -sheet, which was also vague and not specific.

(3.) THE same plea has also been taken in paragraph 20 of the writ petition, which is also quoted herein below: