LAWS(BOM)-2008-2-333

BATWA Vs. SHAKUNTALA VERNEKAR

Decided On February 11, 2008
Batwa Appellant
V/S
Shakuntala Vernekar Respondents

JUDGEMENT

(1.) This petition filed by the employer impugns an award passed by the 7th Labour Court at Mumbai on 23/1/1996 thereby allowing Reference (IDA) No.805 of 1992. Under the said award the petitioner-employer has been directed to reinstate the respondent-workman with full backwages and continuity of service with effect from 10/1/1992.

(2.) The petitioner is a Small Scale Industrial Unit manufacturing leather goods at 37, Suyog Industrial Estate, L.B.S. Marg, Vikhroli (West), Mumbai - 400 079 and at the relevant time it claimed to have 30 workmen. The respondent no.1 was employed as a Helper since 1986 and was a permanent employee. Her last drawn salary was Rs.18/- per day. She alleged that when her father asked the employer/proprietor as to why her salary was not paid on the 7th day of January, 1992, the Proprietor got angry and annoyed in this incident which had happened on 10/1/1992 and she was, therefore, called upon by him to sign on the blank voucher. When this was questioned by her father, the employer further got annoyed and had informed her that her services were not required. She was not paid salary and was not given any notice pay as well as retrenchment compensation. She, therefore, approached the Government Labour Officer who could not bring about any settlement and, therefore, she raised a demand of reinstatement with effect from 10/1/1992. As the conciliation proceedings failed, the Deputy Labour Commissioner made a reference for adjudication to the Labour Court which was registered as Reference (IDA) No.805 of 1992. She filed her statement of claim and stated that she was getting her salary on 7th day of every month till December, 1991 and, therefore, her father went to the employer-company on 10/1/1992 and demand her salary as the same was not paid. Shri Ashok Shah, Proprietor, did not like her father demanding the salary and ultimately she was removed from service by oral order between 11.30 a.m. to 12 non on 12/1/1992. She alleged that the said oral termination was nothing short of retrenchment and the mandatory requirements of Section 25F of the Industrial Disputes Act, 1947 were not complied with. She was, therefore, entitled for reinstatement with full backwages and all other consequential benefits. The employer filed Written Statement and contested the reference. It was claimed that the workmen worked upto 8/1/1992 she was paid her salary for the month of December, 1991 on 7/1/1992 and from 9/1/1992 she had remained absent. On 10/1/1992 her father came to the factory and demanded her salary and when the employer enquired as to why she could not report for duty, no reason was put-forward. Employer, therefore, informed the father that let the workman report for duty and receive her salary. She did not report for duty and consequently did not collect her salary of January, 1992. Enquiries were made thereafter and the workman resigned on 27/2/1992. Hence, there was no case of termination or illegal termination of service when the employee had resigned herself and collected her legal dues. By way of an after thought the dispute was raised and, therefore, the allegations of illegal retrenchment were denied.

(3.) The workman stepped in the witness box in defence of her case and stated that till 7/1/1992 her salary for the month of December, 1991 was not paid and, therefore, her father came to the factory gate along with her and enquired with the employer as to why the salary was not paid. She denied that she was not on duty from 9/1/1992 onwards and that she submitted her resignation on 27/2/1992. In her cross-examination she stated that she did not remember whether she was absent from duty on 6th and 7th of January, 1992 but reiterated that she was on duty from 1/1/1992 and was removed from the service on 10/1/1992 and, therefore, did not report for duty thereafter. She admitted to have made an application on 19/11/1991 for service certificate and that such a service certificate was issued to her on 28/11/1991 (Exh.U-6). She also denied to have gone to the Company along with Shri Singh, the General Secretary of the Union and tendered her resignation on 27/2/1992. She admitted that she did not come for work on 15/2/1992.