DISTRICT AYURVEDIC OFFICER Vs. RAM RATTI & ANOTHER

JUDGEMENT

(1.) CM No. 7628 of 2016

(2.) Earlier in time, a show cause notice was issued to the workman on 18.10.2002 threatening to remove her from service. She approached the Court of Civil Judge (Senior Division), Karnal against the show cause notice, but the same was withdrawn on a statement made by the Authorities that they were not removing the plaintiff (workman) from service and they would take no further steps in the direction. Accordingly, the suit was withdrawn. She continued to serve for 4 years till she was arbitrarily removed in 2006, as explained above. It is against the termination in 2006 that a dispute was raised and referred to the Labour Court, Panipat for determination.

(3.) On notice to the employer, they entered appearance and filed their written statement contesting the reference, inter alia, on the grounds that the 'Dispensary' does not fall within the definition of 'Industry'; the worker was engaged only on part-time basis as Water Carrier on fixed wages; the services were terminated as per terms & conditions of the appointment letter; that her work and conduct was not satisfactory and many complaints regarding her conduct were received by the Department which upon a preliminary enquiry were found to be correct and, therefore, she was not entitled to any relief and the reference deserved to be dismissed.