BHATINDA DISTRICT Vs. PRESIDING OFFICER

JUDGEMENT

(1.) Rani (for short, the workman) was employed as a clerk since 21.7.1986 and was drawing Rs. 1034/- per mensum as wages when her services were terminated on 27.8.1990 and it is alleged that this was done without any notice, charge sheet, inquiry or compensation. This termination gave rise to an industrial dispute which was referred for adjudication under Section 10(1) of the Industrial Disputes Act, 1947 (hereinafter called the Act) to the Presiding Officer, Labour Court,Bhatinda. After recording evidence of the parties, the Labour Court found that the termination was in contravention of the provisions of Section 25-F of the Act and was, therefore, neither justified nor in order. the workman was ordered to be re-instated with back wages. It is this award that has been impugned in the present writ petition.

(2.) At the time of hearing, Mr. P.S. Patwalia learned counsel for the petitioners stated that the management was willing to give regular employment to the workman with effect from the date of the award and also the annual increments with effect from the same date provided she gives up her claim for back wages. Mr. Patwalia, further stated that arrears of salary in the regular pay scale would, however, be given to the workman only with effect from 1.1.1995. The offer made by Mr. Patwalia has been accepted by the workman through her counsel.

(3.) In view of the settlement arrived at between the parties, the impugned award of the Labour Court is set aside and the petitioner management is directed to give regular employment to the workman and also the annual increments to which she may have become entitled to with effect from the date of the award but arrests in' the regular pay scale will, however, be given to her only with effect from 1.1.1995.