SPICE COMUNICATIONS LTD Vs. REETHA BHEEMAIAH

JUDGEMENT

(1.) IN this writ petition the petitioner has prayed for a writ in the nature of certiorari to quash the award, dated 28 August 2002, in I.D. No. 54 of 1997 passed by the Labour Court at Bangalore directing reinstatement of respondent with 50 per cent back -wages.

(2.) PETITIONER the Spice Communications, Ltd. (the company for short) is a private limited company engaged in the business of providing cellular mobile telephone services. On 8 November 1996 the petitioner - company appointed the respondent in the customer care department on probation for a period of six months which may be extended at the discretion of the company. On completion of the probationary period, the services of respondent may be confirmed and unless confirmation is given in writing, it shall not deemed to have been confirmed automatically. On 26 April 1997 the respondent submitted her resignation letter and acknowledged the receipt of monetary benefits due to her. Subsequently, on 30 April 1997 the respondent wrote a letter to the petitioner stating that the resignation letter, dated 26 April 1997, is obtained by force and coercion. Since the petitioner accepted the resignation of respondent, she got issued a lawyer 's notice on 15 May 1997 to reinstate her in duty. The petitioner, by reply, dated 23 May 1997, refused to comply the demand made by the respondent. Aggrieved by this, the respondent raised a dispute before the Labour Court under S.10(4)(A) of the Industrial Disputes Act (the Act for short). On the basis of the pleadings, the Labour Court framed the following three issues for its consideration. They are :

(3.) BEFORE the Labour Court the petitioner company examined two witnesses as M W.1 and M.W.2 and produced certain documents. The respondent examined herself as W.W.I and produced certain documents. On appreciation of the pleadings, oral and documentary evidence on record, the Labour Court passed file impugned award directing reinstatement of respondent with 50 per cent back - wages. Hence, this petition.