STATE OF H P Vs. PRESIDING JUDGE

JUDGEMENT

(1.) This petition under Articles 226/227 of the Constitution of India is directed against the award made by the Presiding Judge, H.P. Labour Court, Shimla on October 10, 2002 in Reference No. 12 of 1998.

(2.) The claim of the respondent No. 2, herein after referred to as the "workman", before the Labour Court was that she was engaged as unskilled Mazdopr on daily wages with effect from March 1, 1988. She worked for about two years in the Office of the Superintending Engineer, Irrigation and Public Health Department, though as Steno-typist, but then she was transferred to the office of the Executive Engineer at Una where she worked in the same capacity till May 31, 1990 when her services were illegally terminated along with some other similarly situate workmen. According to the workman, the termination was challenged before the Himachal Pradesh State Administrative Tribunal and she was reinstated, by interim orders, in service. She joined back her duties on September 3, 1990. The proceedings were finally disposed of by the Tribunal on July 31, 1995 giving her benefit of continuity in service.

(3.) The grievance of the petitioner is that on July 1, 1993, she fell ill due to "depression of family circumstances" as a result of which she remained under treatment with Bagga Clinic, Phagwara (Punjab) from July 1, 1993 to October 21, 1995 and reported for duty to the Assistant Engineer, Irrigation and Public Health Department, Division No. 2 Una on October 25, 1995 along with medical fitness certificate. She was not allowed to join duties and was orally informed that her services stood terminated and she cannot be taken back without prior approval of the higher authorities. She kept on visiting the office but was not taken back in service. In these circumstances, she served a demand notice on July 16, 1996. Conciliation proceedings failed which resulted in the reference to the Labour Court.