CHIEF CONSERVATOR OFFICER, FOREST DEPARTMENT, HARYANA Vs. SITA

JUDGEMENT

(1.) CHALLENGE in the present writ petition is to the award dated 27.05.2013 (Annexure P4) passed by the Labour Court, Ambala, vide which, respondent No.1 -workman has been directed to be reinstated with continuity of service and 50% back wages.

(2.) A perusal of the writ petition would go on to show that the worker had joined service as a labourer in the year 1993 and the office of the Divisional Forest Officer (Social Forestry), in the year 2003, was merged with the Divisional Forest Officer (Territorial). The worker continued working with the said office, in the Nursery near Markanda Mandir, Shahabad. Salary was paid on Muster Roll and sometimes, on bills and thumb impressions were taken on many Muster Rolls. Her services were terminated on 09.08.2007, without paying any retrenchment compensation and inspite of the fact that she had completed 240 days of service, during the preceding 12 months and the junior -most persons were also retrenched in service as workers and the service record of the worker was not properly maintained. The workman had also raised a demand in which the officials of the Management appeared and they had assured that if she withdrew her demand notice, she would be re -employed. She had withdrawn her demand notice on 04.10.2007 by giving an affidavit dated 03.10.2007 (Annexure P1) buteven thereafter, she was not taken back. Resultantly, the dispute was raised.

(3.) THE petitioner -State, in its defence, contended that the workman was working as labourer in the year 1993 with the Divisional Forest Officer (Social Forestry) and in the year 2003, the said office had merged with the Divisional Forest Officer (Territorial) and the worker had worked with the forest contractor and she had no relation with the Forest Department and therefore, the question of termination of her service w.e.f. 09.08.2007, did not arise.