RANA RAHMAN Vs. SACHIV MADHYAMIK SHIKSHA MANDAL

JUDGEMENT

(1.) Perused the record. Petitioner is aggrieved by Award dated 17.10.2012 passed by Labour Court; whereby, while holding that the petitioner has been illegally retrenched, granted Rs.50000/- towards compensation in lieu of reinstatement.

(2.) Engaged on 14.08.2002 on daily wages, the services of the petitioner were dispensed with w.e.f. 15.03.2011 without any show cause notice, enquiry or the compensation. Petitioner raised the dispute before Assistant Labour Commissioner, Bhopal on 21.07.2011. However, when no decision was taken within 45 days, she filed an application under Section 2A of the Industrial Disputes Act, 1947, contending inter alia that, without adhering to the stipulations contained under Section 25 F of the Act of 1947 and Rule 76 and 77 of the Rules framed under the Act of 1947, the petitioner has been disengaged without holding a domestic enquiry and for no rhyme or reasons.

(3.) After seeking reply from the respondent, wherein they denied the allegations in the statement of claim, the Labour Court after framing issues and after seeking evidence of the parties to the proceedings found that there was no departmental enquiry in respect of the conduct of the petitioner. Nor even the stipulations contained under Section 25 F of 1947 Act was adhered to before terminating the services of the petitioner who had put in more than 9 years. The Labour Court accordingly found that there was breach of the statutory provisions contained under Section 25 F. Accordingly, held that the petitioner was illegally retrenched. Instead of reinstating the petitioner, the Labour Court awarded a lump sum compensation of Rs.50000/-.