LALITA JINDAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant petition, petitioner has prayed for following substantive reliefs:-

(2.) The case of the petitioner in nutshell is that she was appointed as Forest Guard w.e.f. 28/2/1986. She had to proceed on leave w.e.f 7/8/1995 to 9/8/1995, on account of ill health of her mother-in-law. She could not rejoin as the health condition of her mother - in-law did not improve. Petitioner applied for extension of leave for 15 days by sending a telegram to respondent No.3. Similar request was once again made on 14/9/1995. Petitioner could not join her duties till 1/5/1996, on account of her domestic circumstances. However, on 1/5/1996, she was informed that her services had been terminated by respondent No. 3, vide order dtd. 30/4/1996.

(3.) Petitioner initially assailed her termination by raising industrial dispute. The Industrial Tribunal-cum-Labour Court, vide award dtd. 20/9/2012, dismissed the claim of the petitioner by holding the same to be not maintainable. Petitioner challenged the award passed by learned Tribunal before this Court in CWP No. 373/2013. However, on 30/11/2016, a Co-ordinate Bench of this Court allowed the petitioner to withdraw the claim petition under Industrial Disputes Act, on the premise that remedy of the petitioner was not before Labour Court and liberty was granted to the petitioner to approach the appropriate Forum/Tribunal within six weeks from the date of order passed in CWP No. 373/2013. It was further ordered that in case petitioner availed such remedy within the time allowed by the Court, the same would be adjudicated upon without going into question of limitation. Thereafter, petitioner filed an Original Application No. 7035 of 2016 before State Administrative Tribunal and on closure of said Tribunal, the application came to be transferred to this Court and was registered as CWPOA No. 995 of 2020 i.e the instant petition.