PROJECT OFFICER Vs. JYOTI JANRAO MEHANGE
LAWS(BOM)-2020-3-86
HIGH COURT OF BOMBAY
Decided on March 09,2020

PROJECT OFFICER Appellant
VERSUS
Jyoti Janrao Mehange Respondents

JUDGEMENT

- (1.) Heard Mrs. N. P. Mehta, Assistant Government Pleader for the petitioners and Mr. Dhore, learned counsel for the respondent.
(2.) The present petition challenges the award of the Industrial Court dated 20.04.2015, passed in Reference I.D.A. Case No.9/2008. It is not in dispute, that the petitioner was appointed on 19.11.1997 as Cook in the Basic / Primary Ashram Shala at Musalwadi, Tah. Malegaon, Dist. Washim. It is further not in dispute that the petitioner during the period February 1997 to 25.02.1999, worked only for a period of 48 days. It is further not in dispute that the petitioner had given medical leave application for the period 14.01.1998 to 12.02.1998 and 13.02.1998 to 14.03.1998 along with medical certificate. There is nothing on record to show that the medical leave was sanctioned / granted by the appropriate Authority at any point of time. It is further an admitted position on record that consequent to 14.03.1998, the petitioner did not report for joining her employment. The employer, is said to have written several communications to the respondent, which were not responded to. It has even come on record that public notice was published in the local daily 'Dainik Deshonnati' on 21.12.1998, called upon the respondent to resume employment. However, in spite all this, as the respondent did not turn up for the work, the employment of the respondent was terminated by an order dated 25.02.1999. It is submitted that on 14.06.2007 an approach notice was given and the settlement having failed in 2008, the matter was referred to the Labour Court, Akola.
(3.) The Labour Court by the impugned award, declared the termination dated 25.02.1999 as illegal and directed reinstatement with continuity in service. It is an admitted position as reflected from the award, that from the date of termination the respondent was residing with her husband at Akola till 2007. The husband of the respondent died in the year 2006 consequent to which, the approach notice was given on 14.06.2007.;


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