KAMLESH MANGLA Vs. PRESIDING OFFICER

JUDGEMENT

(1.) THE petitioner has challenged the award of the Industrial Tribunal -cum -Labour Court -I, Gurgaon (hereinafter referred to as the "Labour Court") dated 13.05.2013 by which she has been awarded compensation of Rs. 80,000/ - only in lieu of her reinstatement into service with full back wages. In brief, the petitioner was appointed as an Operator on 15.06.1995 and thereafter she was made Executive Retail T.R.A. on a monthly salary of Rs. 7,288/ -. On 12.04.2006, she fell seriously ill. Thereafter, on 17.04.2006, she fell down from the stairs of her house and suffered fracture of left foot and remained under treatment upto 13.06.2006. However, she was not allowed to join her duties w.e.f. 15.06.2006 despite the fact that she intimated respondent no.2 about her ailment and fracture.

(2.) THE petitioner, thus, served a demand notice under Section 2(A) of the Industrial Disputes Act, 1947 (hereinafter referred to as the "Act"). The Labour Court recorded a firm finding that the petitioner is a workman, as defined under Section 2(s) of the Act, she had worked continuously from 01.07.1996 up to 12.04.2006 and her services were terminated without following the provisions of Section 25 -F of the Act but while deciding the issue no.2, only Rs. 80,000/ - have been awarded to her towards compensation, though the petitioner had rendered 10 years of service. After notice, respondent no.2 has put in appearance and filed the reply.

(3.) NOW the question involved in this case is in a very narrow compass, as to whether the petitioner is entitled to the relief of reinstatement into service with back wages or should she be satisfied with the award of compensation of Rs. 80,000/ - ? Respondent no.2 though has tried to argue on the merits, touching the other issues regarding which it has not filed the writ petition, therefore, it cannot be allowed to re -agitate about the finding recorded on issue nos.1 and 3 as only the petitioner has come to this Court against the finding recorded on issue no.2.