Nagar Panchayat Rayya vs Kuldip Kaur and Another

M.M. Kumar, J.—The instant appeal filed under Clause X of the Letters Patent is directed against judgment dated 26.5.2010, passed by

the learned Single Judge, in C.W.P. No. 7355 of 2009, upholding the award dated 19.11.2007 (P-5), passed by the Labour Court, Amritsar.

Accordingly, the Labour Court answered the reference in favour of the workman holding her entitled to reinstatement in service with back wages.

The findings recorded by the Labour Court would show that the workman was removed from service for her alleged misconduct, which was

specifically pleaded in the demand notice as well as in the statement of claim.

Learned Single Judge after extensively quoting from the award of the Labour Court has reached the conclusion that in the absence of any

inquiry, the respondent-workman could not be removed from service. The foundation of the action taken against the workman has been found to

be her absence from duty. The argument that there was no post available and provisions of Section 2(00)(bb) of the Industrial Disputes Act, 1947

are attracted, has been repelled by the Labour Court holding that the workman-respondent was removed from service on 1.4.1997, whereas

circular letter dated 7.1.1997 (Ex. R-4) was received by the Management-appellant on 21.4.1997. The aforesaid letter could have given a cause

for the Management-appellant to dispense with the services of the workman for want of post but her services had already been dispensed with on

1.4.1997. Therefore, the letter dated 7.1.1997, which showed non-existence of the post, cannot constitute a basis for dispensing with the services

of the workman, which had happened on 1.4.1997. Even on that account, the Management-appellant has no cause. There is no merit in the instant

appeal. Dismissed.