STATE OF HARYANA Vs. PRESIDING OFFICER AND ANOTHER

JUDGEMENT

(1.) The State has invoked the extra-ordinary jurisdiction of this Court under Articles 226/227 of the Constitution of India, for issuance of a writ in the nature of certiorari for quashing the impugned award dated September 26, 2005, passed by the Labour Court, Hisar, copy Annexure P-1.

(2.) The facts need to be noticed are that Smt. Suresh wife of Mangat Ram, the work-woman had been employed as a Beldar in August 1997 on daily wages by the Public Works Department (B&R), National Highway Division No. 3, Hisar. It has been averred that she had worked from the aforesaid month and year but with substantial break. It is also the case of the department that she had left the job on her own in January 1999, therefore, is not entitled to any relief. However, the work-woman has claimed that she continued to work from 5.8.1997 to 1.2.1999 when her services were terminated without giving any retrenchment compensation and also without giving any notice and that the persons junior to her have been retained.

(3.) The work-woman issued a demand notice under Section 2-A of the Industrial Disputes Act, 1947 (hereinafter referred to as "the Act"). Conciliation efforts were made but all in vain and that the appropriate government referred the dispute to the Labour Court for adjudication. The work-woman filed the claim, which has been refuted by the management as noticed earlier. Apart from what has been recorded above, it has also been pleaded that she had left the job of her own and on many occasion she was not present and that some other daily wagers, with different names, had worked. Upon the pleadings of the parties, the issues had been framed and the ocular as well as documentary evidence has been brought on record.