JASWINDER KAUR Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) Petitioner Jaswinder Kaur had served the respondent-management since 1.2.1986. Her services were terminated w.e.f. 1.12.1986. She raised an industrial dispute that her services had been terminated without any notice. She prayed for reinstatement, continuity of service and back wages. The matter was referred to the Labour Court. The Labour Court had framed the issues and held that the plea of the management that the petitioner had abandoned her service is not correct. It was held that her services had been terminated in flagrant violation of the provisions of Section 25F of the Industrial Disputes Act, for short "the Act". In other words, it was concluded that the termination of the services was illegal. The Presiding Officer, Labour Court, however, held, that there is no case for reinstatement of the petitioner. He referred to the statement made by Gurcharan Singh that the work for which the petitioner was inducted had come to an end and there was no vacancy to accommodate her, particularly when even the area where the work was in progress stood transferred remained unrebutted. The learned Labour Court allowed 12 months pay at the rate of Rs. 670/- per month towards compensation.

(2.) The petitioner by virtue of the present writ petition seeks quashing of the award of the Labour Court whereby continuity of service and back wages had been declined. It has been asserted that once it is held that the mandatory provisions of Section 25-F of the Act have not been complied with, the Labour Court had no choice except to reinstate the petitioner with full back wages and continuity of service. It was alleged that the post against which the petitioner was working had not been abolished and in any case there was no such plea that had been taken.

(3.) In the written statement filed, this assertion that the petitioner is entitled to reinstatement with full back wages had been controverted.