STATE OF PUNJAB Vs. SOMA VATI

JUDGEMENT

(1.) DEMAND notice dated November 22, 1986, Annexure P-1 was served by respondent No. 1-Soma Vati claiming that her services had been illegally terminated, with effect from September 15, 1986 and that she was entitled to be regularised. This gave rise to a dispute between the parties. The dispute between Soma Vati and the Management of Director, Archives Department, Punjab, Chandigarh was referred for adjudication to the Labour Court, Union Territory, Chandigarh, under Section 10 (1) (c) of the Industrial Disputes Act, 1947 (for short the Act ).

(2.) CLAIM statement, written statement, replication and re-joinder to the replication were filed by the parties before the Labour Court on their respective claims. The following issue was framed by the Labour Court" whether the services of the workman were terminated illegally by the management. If so, to what effect and to what relief she is entitled to, ifany? OPW"

(3.) SOMA Vati appeared as her own witness as AW-1 on February 27, 1990 and produced experience certificate, Annexure A-1, the award of the Labour Court, Annexure-A2 and the application made by her for regularisation of services, Annexure-A3. She claimed that her services were terminated without serving a show cause notice or charge-sheet and that no retrenchment compensation was paid. The case was adjourned to April 5, 1990 for evidence of the management, but as none appeared on its behalf on that date it was ordered to be proceeded ex parte. Ex parte arguments were heard on April 12, 1990 and the case was fixed for orders for April 26, 1990 when award Annexure P-5 was made. It was held that the workman was entitled to reinstatement with continuity of service. Back wages at the rate of 80% were awarded as the workman was working on daily wage basis.