MANAGEMENT OF AMBALA COLLEGE OF ENGINEERING AND APPLIED RESEARCH (ACE) Vs. PRESIDING OFFICER, LABOUR COURT, AMBALA AND ANOTHER

JUDGEMENT

(1.) The challenge in this petition is to the award dated 22.04.2011 passed by the Presiding Officer, Labour Court, Ambala and notified in the Gazette on 25.04.2011. The reference has been answered in favour of the worker. He has been awarded reinstatement with continuity of service. Back wages have been declined for the reason that the worker accepted the amount of compensation paid by the management at the time of termination.

(2.) The brief facts are that the respondent-worker was appointed as an Attendant in the girls hostel of the petitioner-Institution by letter dated 28.08.2003 effective from 16.08.2003. Her services were put to an end by an oral order dated 05.09.2006. During conciliation proceedings, the worker was informed that the post of Attendant in girls hostel was abolished w.e.f. 20.09.2006. She withdrew her demand notice and served a fresh one on the management challenging the abolition of the post as arbitrary and made with a view to dispense with her services. She claimed that one Kamal Kumar, Attendant in the boys hostel of the same Institution continued as his post was not abolished.

(3.) On reference being made of the dispute to the Labour Court with respect to the termination of services, the management contested the reference on the ground that it had abolished the post in exercise of its power to abolish posts. It was pleaded that when the services of the worker were terminated on 20.09.2006 due to abolition of post, she was paid retrenchment compensation and other terminal dues which she received without demur. She was thus estopped from raising any other claim. The management had no personal grudge against the worker. Her husband was still working in the college.