GIRIJA Vs. PRASIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) The petitioner has filed this petition for the issuance of a writ in the nature of mandamus directing respondents Nos. 2 and 3 to reinstate petitioner with continuity of service and full back-wages. She has further prayed that the award dated 4/04/2001 (annexure P-5), passed by the Presiding Officer, Labour Court, Ambala, be quashed.

(2.) It has been averred in the petition that the petitioner was appointed as a beldar with the Sub-Divisional Engineer, Panchkula, Naraingarh, in the year she served the respondents- management till 1995. The services of the petitioner were terminated during the year 1995. The petitioner served a demand notice dated 2/01/1995, upon the respondents-management. The Reconciliation Officer, Ambala, started conciliation proceedings. During the conciliation proceedings, the respondents-management gave an assurance to the petitioner to take her back in service. The offer made was acceded to by the petitioner and the demand notice dated 2/01/1995, was withdrawn by her. Vide order dated 10/02/1995 (annexure P- 1) of the Sub-Division Engineer, Provincial Sub-Division No. 1, CSD-14, Naraingarh, the petitioner was reinstated.

(3.) It has been further averred that the petitioner kept working as beldar with respondents Nos. 2 and 3 up to 30/11/1996, but her services were again terminated. The petitioner again served a demand notice dated 3/04/1997 (annexure P-3), upon the respondents. A reference of the demand notice was made to the Labour Court, Ambala. The Presiding Officer, Labour Court, Ambala, vide his order dated 4/04/2001 (annexure P-5), declined the reference. The petitioner has further averred that she completed 240 days in each calendar year, as she was working with respondents Nos. 2 and 3 since 1989. Notice of motion was issued. Written statement was filed.