STATE OF MADHYA PRADESH Vs. PRATIBHA BADLANI

JUDGEMENT

(1.) The respondent No. I/employee was in employment in a project under the Water Resources Department on daily wages. It was alleged by the respondent/employee that her services were terminated illegally with effect from 5/02/1988 and therefore on a dispute being raised by her by order dated 14/01/1991, a reference was made under Section 10 of the Industrial Disputes Act, Labour Court, Gwalior for adjournment. Initially, the Labour Court, Gwalior passed the ex-parte awarded on 20/08/1991 vide Annexure P-3 directing for reinstatement of the respondent/employee with 50% back wages.

(2.) On a petition being filed by the State Government in W.P. No. 483/1992, this Court by order dated 10/04/1992 (Annexure R-5) set aside the award passed by the Labour Court and remitted the matter back for fresh adjournment by the Labour Court. Accordingly evidence was recorded and by the impugned award dated 30/09/1998 (Annexure P-4) reinstatement without back wages have been ordered. W.P. No. 691/1989 is the petition filed by the State Government challenging the award granting relief of reinstatement and W.P. No. 82/1999 is the petition filed by the respondent/employee being aggrieved by the action of the Labour Court in refusing to award back wages to her.

(3.) Shri K.N. Gupta, learned Government Advocate appearing for the petitioner in W.P. No. 691/1989 submits that there is no evidence to show that the employee had worked for 240 days and therefore no relief could be granted to her. It is further submitted by him that evidence was led before the Labour Court and from the records, it is clear that the employee on her own left work on 5/02/1988 and was absent from 5/02/198 8/07/1988 and it was only on 7/07/1988 that she return on duties. It was stated that it was misconduct and the aforesaid misconduct was proved by leading evidence before the Labour Court and the Labour Court did not consider this aspect of the matter while holding that the respondents illegally retrenched from services.