PARBHAGIA VAN ADHIKARI, SONIPAT Vs. DAMYANTI AND ANOTHER

JUDGEMENT

(1.) This appeal under Clause X of the Letters Patent is directed against the judgment dated 28.3.2012 passed by the learned Single Judge of this Court, whereby the award dated 14.2.2010 passed by the Labour Court, Panipat (answering the reference under Section 10(1)(c) of the Industrial Disputes Act, 1947 (for short the Act) against the workman and in favour of the management, was set aside and the petitioner was ordered to be reinstated in service with full back wages and continuity of service as a seasonal daily wager. While concluding the judgment, the learned Single Judge had also ordered for payment of full back wages within 30 days of supply of certified copy of the order. It was further directed that in case there is an extant policy of regularization authorized by the State Government, then the case of the petitioner may also be considered accordingly to save multiplicity of proceeding.

(2.) Alongwith the LPA, an application under Section 5 of the Limitation Act read with Section 151 CPC, for condonation of 440 days in filing the appeal, duly supported by an affidavit of Divisional Forest Officer, Sonepat, has also been preferred.

(3.) Respondent No.1 Smt. Damyanti was appointed as a Gardner on daily wage basis by the respondent-management in 1986 and she served upto 27.3.2001. She had raised claim for regularization of her services and instead got a termination letter dated 27.3.2001.