STATE OF MADHYA PRADESH Vs. SAVITRI BAI AHIRWAR

JUDGEMENT

(1.) Both the writ petitions are arising out of same award dated 29.12.2010 passed by the learned Labour Court, whereby the employee has been directed to be reinstated in service without back-wages as the termination of services has been found to be in violation of the provisions of Section 25 F of the Industrial Disputes Act, 1947. Both are being decided by the common order.

(2.) Brief facts as adumbrated in nutshell are that the employee Smt. Savitri Bai Ahirwar was employed w.e.f. 01.04.1993 as daily rated worker for a period of 89 days.

(3.) According to the employer her engagement was under the scheme of Pathya Pustak Nirman and since the scheme itself came to an end in the year, 1996 w.e.f. 17.02.1996, therefore, the services of the employee came to an end from the said date. It is also contended that the petitioner did not perform duties continuously for a period of 240 days in a preceding one calendar year and therefore the provisions of Section 25 F of the Industrial Disputes Act, 1947 (In short Act 1947) would not attract in the present case.