KOSHALIA Vs. K R BERI

JUDGEMENT

(1.) In what circumstances relief of reinstatement and back wages can be denied to a workmen whose service has been terminated in violation of the provisions of Section 25-F of the Industrial Disputes Act, 1947 , is the moot question which arises for adjudication in this writ petition filed by the workman Smt. Koshalia under Article 226 of the Constitution of India.

(2.) In order to decide the above mentioned question, a brief reference to the facts is necessary.

(3.) The petitioner Smt. Koshalia joined service under respondent No. 1 sometime in the year 1974. After 15 years of service she was removed on 25.9.1989 without any notice and compensation and without any charge sheet or inquiry. Dispute relating to termination of the service of Smt. Koshalia was referred to the Labour Court, Jalandhar vide Government order dated 19.1.1990. Before the Labour Court the petitioner not only pleaded but also proved that she had worked under the employer for a period of 15 years and her service was abruptly terminated without notice and compensation and without any inquiry. The respondent No. 1 contested the claim by alleging that the workman-petitioner had absented from duty and that there was no determination of service it was also alleged that the petitioner had taken loan of Rs. 2,450/- and in order to avoid payment oof the same she had absented from duty w.e.f. 23.9.1988. The Labour Court accepted the evidence produced by the petitioner and held that it was a case of termination of service by the employer. It held that the respondent-employer could not prove that the petitioner had absented from duty in order to avoid payment of loan allegedly taken by her. On the basis of this, Labour Court declared the termination of service of the petitioner to be unjustified. However, while deciding the issue of relief, the Labour Court declined reinstatement on two grounds, namely: (1) that the workman is a woman, and (ii) that the relations between the parties were strained. The Labour Court ordered payment of compensation of Rs. 35,000/- to the petitioner with a direction that in case the respondent-employer fails to make payment within 4 months then it shall pay the amount along with interest @ 10% from the date of award.