PHOOLPATI Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) In this appeal, the appellant has questioned the validity of the decision dated 9.9.2014 of the Appellate Court by which decree issued by the Trial Court has been reversed.

(2.) The appellant was appointed as Mali on 1.2.1980. Her services were terminated on 21.9.1995. She raised industrial dispute on 5.11.2008 before the Labour Court. The Labour Court issued award in favour of the appellant directing reinstatement with continuity of service however, without back wages. Respondent Department preferred writ petition before this Court against the award of the Labour Court dated 5.11.2008 in CWP No.17709 of 2009. The same was rejected on 27.4.2010. Thus, Labour Court award has attained finality.

(3.) In the meanwhile, services of the juniors of the appellant were regularized, namely, Satyawan, Malo Devi, Sundri, and Bhateri. etc. Since the appellant's case was not considered, she filed suit for declaration and mandatory injunction before the Trial Court. The same was decreed in her favour on 22.5.2012. The respondent Department aggrieved by the order of decree by the Trial Court preferred appeal before the Appellate Court. On 9.9.2014, Appellate Court reversed Trial Court decree. Thus, the appellant is before this Court.