DISTRICT RED CROSS SOCIETY Vs. KRISHNA KUMARI

JUDGEMENT

(1.) This petition under Article 226 of the Constitution is directed against the award dated August 29, 1986, passed by the Presiding Officer, Labour Court, Rohtak, whereby the reference made to it under Section 10(l)(c) of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act"), was answered in favour of the workman and against the management holding that the former is entitled to be reinstated with continuity of service and full back wages.

(2.) According to the averments made by Smt. Krishna Kumari respondent she had been employed as a lady social worker in the year 1961 and remained in the employment of the District Red Cross Society, Sirsa, upto February 28, 1983, when her services were terminated without any prior notice or payment of any retrenchment compensation as envisaged by Section 25-F of the Act. Her termination gave rise to an industrial dispute which was referred to the Labour Court for adjudication under Section 10(l)(c) of the Act. There were two respondents before the Labour Court. The Director, Health Services, Haryana, was the first respondent and the Secretary, District Red Cross Society, Sirsa, was the second respondent. They filed their replies and it was pleaded that since the Director, Health Services had not passed any order terminating the services of the workman she was not entitled to claim any relief against the said respondent, The District Red Cross Society took the stand that the workman had been employed on purely temporary basis and that her services had been terminated according to stipulation contained in the letter of appointment after giving her one month's notice. It was further pleaded that the Family Planning Centre, Dabwall, where the petitioner had been employed was, being run by the District Red Cross Society on the basis of grants sanctioned by the Haryana Government and since the State Government had stopped sanctioning the grant the Centre had to be closed necessitating the termination of the services of the workman. It was also pleaded that the District Red Cross Society was not an "industry" within the meaning of Clause (j) of Section 2 of the Act.

(3.) From the pleadings of the parties, the following three issues were framed: