SATTO Vs. HEAD MISTRESS

JUDGEMENT

(1.) Present writ petition has been filed by the workwoman against the award dated 26.11.2008 (Annexure P5) whereby a sum of Rs. 40,000/- has been awarded to the workwoman instead of reinstatement in service, by partly accepting the reference.

(2.) A perusal of the paperbook would go on to show that the workwoman, in her demand notice dated 24.02.2000 (Annexure P1) took the plea that she was appointed in November, 1994 as a Sweeper on part-time basis and later on, she was appointed as a full-time employee in the month of July, 1995 and she was regularly drawing her salary. On 21.12.1999, she received a letter that her services could not be regularized in view of the order dated 30.12.1998 and 25.02.1999 as she had not completed 6 years of service. When she went to the school to do her duties, it was found that one Radha Rani had been appointed as Sweeper in her place and accordingly, she claimed violation of the provisions of Sections 25F & 25G of the Industrial Disputes Act, 1947 (for short, the Act')

(3.) On the matter being referred to the Labour Court, the demand notice was adopted which was contested by the State on the ground that she was part-time Sweeper and not permanent and a regular Sweeper had been appointed and there was no need for further engagement of the workwoman and the engagement had come to an end on account of non-renewal and therefore, it was not retrenchment. It was denied that she was appointed in the month of November, 1994 as a Sweeper and she was drawing Rs. 1095/- per month. A sum of Rs. 7148/- had been paid in the month of April, 2001 as full and final settlement and sanction was granted vide letter dated 30.03.2001. Sanction had also been given by the District Education Officer for the year 1999-2000 vide letter dated 29.05.2000. It was admitted that the case of the workwoman was considered for regularization but as she did not fulfill the requisite qualifications, as per policy made by the Department for regularization of part-time class IV employees and the decision was not in her favour and accordingly, she was discharged from duty on 18.02.2000 on account of Radha Rani joining her services as a regular employee. The details of the payments made in the year 1995-96 to 1999-2000 were also given.