USHA SURYAKANT GURAM Vs. LYKA LABS LIMITED

JUDGEMENT

(1.) THE petitioner was in employment of the respondent company in its Packing Department from 1977. She was dismissed from employment by an order dated 3-2-1992. Being aggrieved by the order of dismissal, she raised an industrial dispute challenging the legality and validity of the order of dismissal and she prayed for relief of reinstatement with full back wages and continuity of service. Her industrial dispute was referred for adjudication to the Labour Court under section 10 (1) of the Industrial Disputes Act, 1947. Both the parties filed their pleadings and documents and adduced their evidence before the Labour Court.

(2.) IT appears from the pleadings that the petitioner had not challenged the fairness and propriety of the domestic enquiry held in the charges levelled against her by the respondent company. The Labour Court therefore examined the findings recorded by the Enquiry Officer and held against the petitioner that the findings not the Enquiry Officer were not perverse. He has also held that the punishment awarded by the respondent company was not harsh and disproportionate. The learned Member of the Labour Court has, therefore, denied the relief of reinstatement with full backwages and continuity of service to the petitioner workman by its award dated 15-7-1996.

(3.) THE petitioner has filed the present petition to challenge the said awarded under Article 226 of the Constitution of India.